La colusión como una práctica restrictiva de la competencia que afecta gravemente los procesos de selección de contratistas

Abstract

This study is an approach to bid-rigging agreements from the perspective of competition law, analyzing the interrelation between free competition and public procurement considering that the public sector is the place in which bid-rigging agreements show its harmful effects and how competition rules can be an effective tool in the fight against this scourge, all in the context of finding a proper balance between the principles of free competition and objective selection. The methodology used in this research consists in an exhaustive analysis of the main resolutions issued by the Superintendency of Industry and Trade regarding the violation of Article 9 of Decree 2153 of 1992; the study of some constitutional and administrative court decisions in collusion, state procurement agreements, and restricted competition issues, and the study of the rules of law applicable to the aforementioned matters. Likewise, this research gives a general overview of domestic and international doctrine regarding the mentioned issues and of some studies conducted by national and international organizations regarding collusion, bid rigging, transparency and corruption.