Impact of Public Procurement Aggregation on Competition: Risks, Rationale and Justification for the Rules in Directive 2014/24

28 Pages Posted: 7 Dec 2014

See all articles by Albert Sanchez-Graells

Albert Sanchez-Graells

University of Bristol - School of Law

Ignacio Herrera Anchustegui

University of Bergen, Faculty of Law

Date Written: December 5, 2014

Abstract

This paper assesses the risks, rationale and justification for the rules on centralisation and aggregation of public procurement in Directive 2014/24. The paper explores the justifications advanced for the aggregation of purchasing and the countervailing risks it generates. In both cases, it focuses in economic and administrative aspects. It then proceeds to a summary overview of the new rules for the aggregation of public procurement in Directive 2014/24, and emphasised how the Directive is expressly recognising possibilities that clearly exceed the more modest approach in Directive 2004/18. Moving on, it then focusses on the potential justification for certain activities now permitted by the 2014 rules, and engages in a critical assessment of their competitive impact. The paper briefly highlights the far-reaching and not necessarily positive implications that a maximisation of the centralisation and aggregation possibilities under Directive 2014/24 could have, and proposes that strict competition law enforcement will be necessary to avoid undesired consequences. Some suggestions for further research are provided by way of conclusions.

Keywords: Public procurement, competition, centralisation, aggregation, central purchasing bodies, economies of scale, professionalization, services of general economic interest, state aid, modernisation, Directive 2014/24

JEL Classification: H57, K21, K23, K42

Suggested Citation

Sanchez-Graells, Albert and Herrera Anchustegui, Ignacio, Impact of Public Procurement Aggregation on Competition: Risks, Rationale and Justification for the Rules in Directive 2014/24 (December 5, 2014). University of Leicester School of Law Research Paper No. 14-35. Available at SSRN: https://ssrn.com/abstract=2534496 or http://dx.doi.org/10.2139/ssrn.2534496

Albert Sanchez-Graells (Contact Author)

University of Bristol - School of Law ( email )

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

HOME PAGE: http://www.howtocrackanut.com/

Ignacio Herrera Anchustegui

University of Bergen, Faculty of Law ( email )

Norway

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