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Analysis of sub-limit contracts realised using electronic marketplace (EKS)

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During the year 2016 the Antimonopoly Office of the Slovak Republic (hereafter “the Office“) analyzed sub-limit contracts realised with the use of electronic marketplace ( The Office began the analysis, because based on its own activity as well as on the complaints received from the undertakings using the system of electronic marketplace and the complaints received from the Office for public procurement and EKS Support Centre, it came to a suspicion that in the electronic marketplace may occur the coordination of behaviour in the public procurement process.
The purpose of the analysis was to obtain the information on competitions realized using the electronic marketplace or the finding whether there is a reason to initiate the administrative proceedings pursuant to the Act on Protection of Competition. Within the analysis the Office also examined how to set up trading on the electronic marketplace.
The Office processed the results of the analysis into the material describing the main obstacles to the effective application of competitive principle in the process of trading of sub-limit contracts on the electronic marketplace, which adversely affects all the subjects that use the electronic marketplace (either the customers or suppliers).
In the analysis the Office also recommends considering certain measures, which will lead to promoting competition in public procurement with the use of the electronic marketplace and to eliminating the risk of collusion in the public procurement process.
The Office sent the analysis to the Ministry of Interior of the Slovak Republic, the Office for Public Procurement and the EKS Support Centre to give them the opportunity to express their comments or to consider adopting the proposed measures. The Office will publish the analysis also on its own website after negotiating the analysis with the abovementioned authorities.