20th September 2010, 04:17 PM
I am not privy to the legal advice that IfA have recieved regarding closed tenderer lists, but if they were to ask me I would suggest they looked at Schedule 3 of The Competition Act 1998 which states:
1. — (1) The Chapter I prohibition does not apply to an agreement— (a)to the extent to which it is a planning obligation;
(The prohibition in this case being that the agreement is anti-competitive or a restrictive practice). Seems to me that the Competition Act 1998 allows closed lists of approved tenderers for services which are a planning obligation. Er....such as archaeology...
Of course the IfA may have recieved legal advice on another area of UK law....I wouldn't know...but they seem to be covered fine and dandy under the Competition Act 1998!! Closed lists are not a restrictive practice if they are used in conjunction with planning obligations....
1. — (1) The Chapter I prohibition does not apply to an agreement— (a)to the extent to which it is a planning obligation;
(The prohibition in this case being that the agreement is anti-competitive or a restrictive practice). Seems to me that the Competition Act 1998 allows closed lists of approved tenderers for services which are a planning obligation. Er....such as archaeology...
Of course the IfA may have recieved legal advice on another area of UK law....I wouldn't know...but they seem to be covered fine and dandy under the Competition Act 1998!! Closed lists are not a restrictive practice if they are used in conjunction with planning obligations....
With peace and consolation hath dismist, And calm of mind all passion spent...