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Competitive Neutrality in Public Procurement and Competition Policy: An Ongoing Challenge Analised in View of the Proposed New Directive

5th International Public Procurement Conference, August 2012

34 Pages Posted: 25 Jan 2012  

Albert Sanchez-Graells

University of Bristol Law School

Date Written: January 24, 2012

Abstract

The relevance of effective competition in the public procurement setting can hardly be overstated, particularly in terms of value for money and system efficiency. However, the assessment of competition impacts (or distortions) derived from procurement still does not always rank on top of public buyers’ priorities and concerns. Hence, advancing techniques and developing regulatory instruments for more competitively neutral tender design and procurement regulation reform deserves academic and policy-making attention.

This paper focuses on pro-competitive developments of EU public procurement law, particularly as a result of the 2011 EU Commission’s consultation on the modernisation of EU public procurement policy and the ensuing proposal for a revised and updated version of the (growing) family of EU public procurement Directives. In the conclusions, the paper critically appraises the main aspects of the proposed reform of EU procurement rules aimed at guaranteeing increased competitive neutrality.

Keywords: competitive neutrality, public procurement, modernisation, simplification, red tape, competition principle, value for money

JEL Classification: H57, K21, K23

Suggested Citation

Sanchez-Graells, Albert, Competitive Neutrality in Public Procurement and Competition Policy: An Ongoing Challenge Analised in View of the Proposed New Directive (January 24, 2012). 5th International Public Procurement Conference, August 2012. Available at SSRN: https://ssrn.com/abstract=1991302

Albert Sanchez-Graells (Contact Author)

University of Bristol Law School ( email )

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

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