Antitrust and Coopservice: Procurement Aggregation is A Serious Thing (Adjudicating Too)
24 Pages Posted: 11 Dec 2019
There are 2 versions of this paper
Antitrust and Coopservice: Procurement Aggregation is A Serious Thing (Adjudicating Too)
Antitrust and Coopservice: Procurement Aggregation Is a Serious Thing (Adjudicating Too)
Date Written: November 19, 2019
Abstract
Antritrust and Coopservice (judgment of 19 December 2018, case C-216/17) is a peculiar product of the Court of Justice. It is one of a kind in aggregate procurement, a subfield of public procurement that has remained virtually untouched by the Court. A number of very helpful and reasonable directions can be drawn from this judgment with respect to the duration and quantification of framework agreements as well as the identification of the authorities entitled to use them in the case of framework agreements concluded jointly by several authorities. At the same time, it is not a model of adjudication, incurring in some inaccuracies, obvious mistakes, and even unkindness to the referring national court. This surely make it more enjoyable to read and comment. The present paper shows the slips of the Court, while highlighting the main directions that can be extracted vis-à-vis the opera-tion of framework agreements and joint contracts.
Keywords: public procurement, joint procurement, framework agreements, judicial dialogue, estimated value, principle of transparency
JEL Classification: K23, K12
Suggested Citation: Suggested Citation