Preparing anti-competitive tender documents: setting a document held by only one firm as a qualification requirement

Case / decision no:

2014/3815 / 2014/1181

Decision date:

12 February 2023

Court:

Danıştay

Case number:

2014/3815

As stated in the reasoning of the defendant Authority's decision, there is nothing to prevent contracting authorities from laying down rules and criteria enabling the subject matter of the tender to be performed. However, in setting those criteria they must remain within the limits drawn by the law and must also ensure that tenders take place in conditions of free competition.