Multiple Bidding in Public Procurement 2026

Multiple bidding in public procurement: definition, admissibility, relationship to consortia, and legal consequences of multiple participation in the same procurement procedure.

Definition: Multiple bidding exists where an undertaking participates in the same procurement procedure both as a stand-alone tenderer and as a member of a consortium or as a subcontractor to several tenderers, in a way that may give rise to distortions of competition.

Last updated: January 2026 · Legal basis: § 124 GWB, § 26 VgV, § 20 BVergG 2018, general principles of competition law

What is multiple bidding?

The term multiple bidding is used in procurement law to describe several different situations, each with different legal consequences. They share the feature that, through its multiple participation in the same procedure, an undertaking could obtain a potential competitive advantage or gain information about competitors.

Typical situations

1. Parallel individual and consortium bid

An undertaking submits its own tender and is simultaneously a member of a consortium that also submits a tender. This situation is generally problematic because the undertaking has knowledge of both tenders, which can cause distortions of competition.

2. Subcontractor to several tenderers

An undertaking acts as a subcontractor in the tenders of several competing bidders. Here too there is a risk that the undertaking gains insight into the bidders' cost calculations.

3. Multiple membership in consortia

An undertaking is simultaneously a member of two different consortia participating in the same procedure.

Legal assessment

Multiple bidding does not automatically constitute a mandatory ground for exclusion, but it must be carefully assessed by the contracting authority for any distortive effect on competition. Within its margin of assessment, the contracting authority must consider whether the multiple participation gives rise to a real risk of distortion of competition.

The Court of Justice of the EU (Case C-538/07 — Assitur) held that a general prohibition on multiple participation without case-by-case assessment is incompatible with EU law.

Distinction from multiple participation

Not every participation of the same undertaking in different tenders amounts to problematic multiple bidding. Acting merely as a supplier or subcontractor without insight into the main tenderer's bid, for example, is permissible.

FAQ

May the contracting authority impose a general ban on multiple bidding in the procurement documents? A blanket ban is impermissible under CJEU case law. The authority can, however, exclude on a case-by-case basis where a distortion of competition has been demonstrated.

What should tenderers do if they find themselves in a multiple-bidding situation? They should proactively disclose the situation to the contracting authority and demonstrate that no information distorting competition has been exchanged.

Is participation as a subcontractor in several tenders automatically multiple bidding? Not necessarily. It depends on whether the subcontractor has had — or could have had — insight into the cost calculations of the competing tenderers.

Last updated: January 2026 All information is provided without warranty. For legally binding advice, please consult a law firm specialising in public procurement law.