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This book presents an extensive study on the extant constructs of corruption in infrastructure-related projects and aims to contribute to the determination and elimination of its incidence and prevalence in infrastructure projects. The book conducts a comprehensive examination of the various determining factors of corruption that negatively affect the procurement process and, in the end, result in cost and time overruns. The authors present an in-depth understanding of how the identified determining factors of corruption can be addressed. Thus, it is intended to broaden the reader's knowledge of the causes, risk indicators, and different forms of corrupt practices in the procurement process of infrastructure works, before explaining how they affect its stages and activities A dynamic model is developed to demonstrate how to tackle the overall impact of corruption within the procurement process and, at the same time, increase the effectiveness of the extant anti-corruption measures. In short, this book demonstrates that the fight against corruption in the procurement process is strategically feasible and must continue. This book is essential reading for academics, researchers, professionals and stakeholders in the procurement of infrastructure projects and civil works, as well as those with an interest in corruption, construction management and construction project management.
ÔThis volume is long overdue. Integrated legal and economic analysis of competition law is crucial given the nature of the sector. However to carry this off successfully, one either needs intensive editorial work to bring different teams together; or one has to rely on the few who master both economic and legal analysis to a tee. Stefan WeishaarÕs analysis not only looks at a stubborn issue in competition law. He does so in three jurisdictions, in detailed yet clear fashion, with clear insight and ditto conclusions. Over and above its relevance to academic analysis, this book can go straight into competition authoritiesÕ decision making, and therefore also in compliance and remediation advice.Õ Ð Geert Van Calster, University of Leuven, Belgium Cartels, Competition and Public Procurement uses a law and economics approach to analyse whether competition and public procurement laws in Europe and Asia deal effectively with bid rigging conspiracies. Stefan Weishaar explores the ways in which economic theory can be used to mitigate the adverse effects of bid rigging cartels. The study sheds light on one of the vital issues for achieving cost-effective public procurement Ð which is itself a critical question in the context of the global financial crisis. The book comprehensively examines whether different laws deal effectively with bid rigging and the ways in which economic theory can be used to mitigate the adverse effects of such cartels. The employed industrial economics and auction theory highlights shortcomings of the law in all three jurisdictions Ð the European Union, China and Japan Ð and seeks to raise the awareness of policymakers as to when extra precautionary measures against bid rigging conspiracies should be taken. Students and researchers who have a keen interest in the relationship between law and economics, competition law and public procurement law will find this topical book invaluable. Practitioners can see how economic theory can be used to identify situations that lend themselves to bid rigging and policymakers will be informed about the shortcomings of existing legislation from a legal and economics perspective and will be inspired by approaches taken in different jurisdictions.
This report aims at providing a comprehensive assessment, and analysis and recommendations in four key dimensions contributing to the effective delivery of large infrastructure projects: governance, procurement, integrity and communication.
Infrastructure only tends to be noticed when it is absent, declining, or decrepit, or when enormous cost overruns, time delays, or citizen protests make the headlines. If infrastructure is indeed a fundamental driver of economic growth and social development, why is it so difficult to get right? In addressing this perennial question, this volume-the fourth edition in an annual series tackling different aspects of governance around the world-makes the case for a governance perspective on infrastructure. This implies moving beyond rational economic analysis of what should be done towards an analysis of the political, institutional, and societal mechanisms that shape decision-making about infrastructure investment, planning, and implementation. Engaging with theories from sociology, political science, and public administration, and drawing on empirical analyses bridging OECD and non-OECD countries, the contributions to this volume dissect the logics of infrastructure governance in a novel way, providing timely analyses that will enrich both scholarly and policy debates about how to get infrastructure governance right.
'Corruption' in public procurement typically involves procurement decisions taken in favour of preferred bidders in exchange for improper compensation (the acceptance of bribes, for example), while supplier collusion refers to a type of cartel activity, in which firms rig their bids in a tendering process. Although these practices are distinct, they frequently occur together in the public procurement context, reinforcing one another. Combatting Corruption and Collusion in Public Procurement: A Challenge for Governments Worldwide examines the causes of corruption and collusion in the public procurement sphere, its resulting harm, and how states can best try to combat these practices. This book provides a legal, economic, and practical analysis of issues concerning corruption and supplier collusion in public procurement, both generally and in seven diverse and representative jurisdictions: the United Kingdom, the United States, Brazil, Hungary and Poland, Ukraine, and Canada. It encompasses a discussion of both 'generic' cross-jurisdictional issues and specific proposals for individual jurisdictions. It offers practical guidance on building robust regimes for combatting corruption and collusion in public procurement and how to bolster and improve them when they are faltering. The book stresses the need for a multi-faceted and joined-up approach to the problems, emphasizing the importance both of enhanced investment in the effective enforcement of anti-corruption and cartel laws and of increasing the resilience of public procurement systems to corruption and collusion through a range of measures. The relevance of the topic to the social and economic well-being of citizens and the survival of democratic governance is highlighted throughout the book. Pioneering and comprehensive, Combatting Corruption and Collusion in Public Procurement provides a pathbreaking analysis of a range of global issues, making it an essential read for scholars, lawyers, government officials and representatives of international and non-governmental organizations around the world.
Recognising the significant number of procurement fraud and corruption risks that can impact an organisation - including roles and people who have the potential to influence or manipulate projects and the procurement life cycle that might include a lack of trained personnel, procurement and financial controls, and compliance measures in place - can undermine the design and implementation of an anti-corruption and counter procurement fraud approach. Since procurement fraud and corruption continue to develop in scope, scale and creativity, the risks, typologies and routes to mitigation should be regarded as part of a constantly assessed and updated approach. Creating an anti-corruption and counter procurement fraud approach should provide an awareness of the criminal risks within an organisation's procurement and associated processes and reinforce the importance and vital role of leadership, ethics professionals, staff and other stakeholders in building an anti-corruption culture to protect organisational revenues and reputation. The 4-pillar framework approach to counter procurement fraud contains 16 steps to identify and prevent corruption and procurement fraud risk. It examines how a risk mitigation framework created with a foundation of education, data collection, risk assessment and a coordinated response and change management process can help identify and mitigate risk. Planning and following this approach one step at a time, collecting all available data, will assist in assessing the challenges and performance measurement in each area and help create a strategic response to identified risk.
Public resources, if invested well in public infrastructure and services, can unleash inclusive growth and development. This report provides a simple but comprehensive framework and global experience, to help policy makers adopt good functional principles in the design of institutions to strengthen public investment management.
International cartels are powerful organizations that impact our everyday lives, although they are little known. This book presents 15 historical case studies of international cartels that include agricultural and mineral commodities, the machinery industry, telephone equipment, whiskey and cement. These cases reveal that international cartels manipulated prices and shared markets over many decades but that their real impact was far wider. The global convergence towards criminalizing serious cartel conduct has seen a revival in historical research on cartels and competition policy. The regulation of anti-competitive behaviour has changed over time. To understand why the US, European and other modern economies altered their policies through the 20th century, it is critical to understand when, how and why governments have interacted with, and been influenced by, business organizations such as cartels. This volume draws together researchers from different nations to examine the impact of international cartels on the experience of individual nations, those nations’ interactions with one or more international cartels, and ultimately the interactions of individual nations with the wider international community. This book will be of interest to researchers, academics and advanced students in the fields of business and economic history, political economy, and government policy, as well as those interested in cartels and their impact on the wider economy.
This book presents a comprehensive review of the vast economic literature covering the governance issues of network industries and suggests paths to improve their efficiences.
This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.