The Anticorruption Endowment (NFPK) has warned of a long-term absurd practice that allows the Office for the Protection of Competition (UOHS) to thwart any business complaints about the breach of public procurement rules by employing what we call “Snail Trick”. This obstruction is made perfectly possible by long delays between ÚOHS rulings and the quick pace of signing an agreement between the principal and the “chosen” applicant. However, ÚOHS summarily dismisses dissenting parties as smart money people. Antitrust office ÚOHS believes it is perfectly okay to wield uncontrolled and unchallenged power to decide if it addresses or dismisses a business complaint. In this way, about 250 complaints, conservatively valued at about 25 million crowns, were sent down the drain. The latest example of complaint voided in this manner dates from 19 April 2017. It’s a trick, but it works. NFPK brings you another example of a case “resolved” by means of the Snail Trick.
The Anticorruption Endowment (NFPK) works to change laws so the Snail Trick no longer applies, and specifically proposes then following steps:
a) The deadline within which it is not possible to breach the ban on effecting a contract (blocking deadline) shall be applicable until an ÚOHS ruling on the complaint in first degree, which is common in the neighbouring countries,
b) ÚOHS shall decide in all circumstances about a complaint lodged and rule if the law was broken.
22nd February 2019
20th February 2019