Italian Court of Cassation rejects appeal for lack of chain of causation between alleged bid rigging and failure to win a bid.


In a recent decision, the Italian Court of Cassation has dismissed an appeal by a bidder who, securing only a second position in a public bid, had filed a complaint for “bid rigging” by the other bidders, to whom the bid was awarded. The contract was to be awarded based on the “financially most advantageous offer”, namely not only on the lowest price, but also on other product and service quality parameters. The Complainant had unsuccessfully offered a very low price. The bid was awarded to a contractor who, although offering a higher price, got an excellent quality parameter score. The complaint that a bid rigging agreement had taken place with the other bidders to whom other lots of the bid were awarded had been originally endorsed by the Antitrust Authority and confirmed by the Administrative Court. The winning bidders have been counseled by Mr. Talenti, partner of the Studio Legale De André.