An EU Competition Law Primer for Public Procurement Students

An EU Competition Law Primer for Public Procurement Students, 2015

31 Pages Posted: 21 Oct 2015 Last revised: 23 Oct 2015

Date Written: October 18, 2015

Abstract

This chapter aims to identify the key areas where EU competition law is relevant from a public procurement perspective: that is, mainly, the prevention and sanctioning of procurement manipulation by suppliers (bid rigging) and the granting of distortive State aid that advantages some of them over others. It also focuses on potential abuses of market power by undertakings holding a dominant position, but it assesses this potential distortion of competition to a more limited extent. Once these areas are identified, the chapter describes the basic EU competition rules that apply in each of these different cases, as well as their interpretation in the case law of the CJEU. The main goal of this chapter is to provide public procurement students with an overall view and basic understanding of the EU competition rules more directly relevant to procurement practice.

Keywords: public procurement, competition law, bid rigging, anticompetitive agreements, abuse of a dominant position, State aid.

JEL Classification: H57, K21

Suggested Citation

Sanchez-Graells, Albert, An EU Competition Law Primer for Public Procurement Students (October 18, 2015). An EU Competition Law Primer for Public Procurement Students, 2015. Available at SSRN: https://ssrn.com/abstract=2675787

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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