Article 5 of the Internal Market Act lays down minimum standards for the procurement of goods, services and works by cantons and communes (public procurement). These standards apply in addition to the Intercantonal Agreement on Public Procurement of 25 November 1994/15 March 2001 (IAPP) and the cantonal law on public procurement. These minimum standards include:
- the right of non-discriminatory access to cantonal and communal supply markets;
- a requirement for cantonal and communal authorities to publish in the case of major procurements.
Furthermore, the Internal Market Act states in Article 2 paragraph 7 that the privatisation of cantonal and communal monopolies requires a public tendering procedure.
In addition to its responsibility for internal market cases, ComCo’s right to intervene extends to enforcing the competition law on bid rigging agreements.
Aside from its powers under the Internal Market and Cartel Act, however, the Competition Commission has no further competences in relation to public procurement by the cantons and communes. The Competition Commission has no jurisdiction over violations of the IAPP or the cantonal law on public procurement.