Distortion of Competition (Creation of Artificial Competition)

Distortion of competition, or the creation of artificial competition, is where independent and free competition is in fact weakened, although it appears that several tenders have been submitted, that different firms are competing, or that the price was formed under market conditions. This may arise where firms act in concert, where tenders are aligned in advance, where participation is increased only in appearance, or where the outcome of the tender is steered in a particular direction. What matters in public procurement law is that genuine competition is ensured.