Distortions of Competition Generated by the Public (Power) Buyer: A Perceived Gap in EC Competition Law and Proposals to Bridge It

University of Oxford, Center for Competition Law and Policy, CCLP (L). 23

73 Pages Posted: 24 Aug 2009 Last revised: 26 Jan 2010

Date Written: August 21, 2009

Abstract

This paper focuses on the treatment of public procurement activities under EC competition law. After briefly outlining the competition economics of public procurement, the paper shows the perceived shortcomings of current EC competition rules and case-law to effectively tackle publicly-generated restrictions and distortions of market competition, and advances possible amendments to case-law and doctrine that aim towards the development of a more competition-oriented public procurement system.

Keywords: competition, public procurement, monopsony, buyer power, undertaking, economic activity, State action doctrine, more economic approach

JEL Classification: K21, K23, K39

Suggested Citation

Sanchez-Graells, Albert, Distortions of Competition Generated by the Public (Power) Buyer: A Perceived Gap in EC Competition Law and Proposals to Bridge It (August 21, 2009). University of Oxford, Center for Competition Law and Policy, CCLP (L). 23. Available at SSRN: https://ssrn.com/abstract=1458949

Albert Sanchez-Graells (Contact Author)

University of Bristol - School of Law ( email )

Wills Memorial Building
Queen's Road Clifton
Bristol, BS8 1RJ
United Kingdom

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