Overview

In December 2008, the European Commission adopted a decision on how to deal with fraud and possible fraud by tenderers: the Early Warning System (EWS Decision). The fourth recital to the EWS Decision provides that its object is: “to ensure the circulation of restricted information concerning third parties who could represent a threat to the Communities’ financial interest and reputation…”.

This article by NCTM analyses current issues surrounding the EWS and concludes that - even if its objective is to protect the integrity of the Community budget - the system only makes tendering more difficult and uncertain, and is likely to deter competitors from bidding, which in the long run limits competition.

To read the firm's analysis click 'View Briefing'