Private enforcement of competition law is a highly current topic in the EU and elsewhere. The European Commission has taken the lead in promoting damages actions for breach of EU competition rules and in setting up an efficient system. This article moulds the policy discussion on private enforcement of EU competition law to damages claims in bid rigging cases. It explains the reasons why currently such actions are atypical for EU national courts to deliberate upon. One of its main conclusions is that EU competition law authorities (and subsequently national authorities) need to address the specific position of the state as a private litigant in bid rigging cases.

The article discusses, with reference to public procurement markets, the factors responsible for the small number of cartels exposed by the EU competition regime. Considers the influence of: (1) the level of integration of the public markets concerned; and (2) the enforcement of EU competition law against anti-competitive practices in public markets. Reflects on why bid rigging now constitutes a separate competition law violation, despite such conduct amounting to a price fixing cartel.