New Guide on Public Procurement Under Competition Law

Published on Jun 18, 2025

NEW GUIDE ON PUBLIC PROCUREMENT UNDER COMPETITION LAW: WHAT EVERY CLIENT SHOULD KNOW 

 

The Commission to Promote Competition (COPROCOM), in collaboration with the Superintendency of Telecommunications (SUTEL), has published an essential guide to prevent and detect collusion in public procurement. This tool represents a significant step forward in the fight against anticompetitive practices and is of particular interest to companies, legal advisors, and public officials involved in procurement processes. 

 

What is collusion, and why does it matter? 

 

Collusion occurs when companies that should be competing agree to manipulate the outcome of a tender. This may include price fixing, contract allocation, or taking turns to win bids. These practices are not only illegal but also undermine the efficiency of public spending and distort the market. 

 

 

What does the guide offer? 

 

The guide provides: 

 

  • Clear definitions of collusive practices. 

  • Warning signs that may indicate suspicious behavior. 

  • Practical recommendations for designing safer procurement processes. 

  • Technological tools to detect irregularities. 

  • Key legal references, such as the Law for the Promotion of Competition (Law 7472) and the General Law on Public Procurement (Law 9986). 

 

 

Why is this relevant for clients? 

 

For companies participating in public tenders, this guide serves as a roadmap to avoid legal and reputational risks. Additionally, companies and their legal advisors can use the guide to: 

 

  • Audit internal processes. 

  • Train procurement and sales teams. 

  • Design compliance strategies. 

  • Provide guidance in cases of complaints or investigations related to anticompetitive practices. 

 

Important to Consider 

 

This guide is not only a technical resource but also a strategic tool for any company seeking to compete ethically and effectively in Costa Rica’s public procurement processes. Consulting with your attorney about its implementation can make the difference between a successful bid and an unnecessary legal risk. 

 

 

For further inquiries, please contact: 

 

Luis D. Obando  

Senior Counsel 

Expert in Public Law 

 

Tracy Varela 

Senior Counsel 

Expert in Competition Law