Public Procurement and the EU Competition Rules

Public Procurement and the EU Competition Rules

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Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.(2011), available at ... For more recent cases, see C300/07 Hans aamp; Christophorus Oymanns [2009] ECR I4779; and C526/11 IVD [2013] pub electr ... a Public Procurement Directive from a German Perspectivea#39; (2012) European Procurement aamp; Public Private Partnership Lawanbsp;...

Title:Public Procurement and the EU Competition Rules
Author:Albert Sánchez Graells
Publisher:Bloomsbury Publishing - 2015-06-25


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