Changes During Performance - A Case for Revising the Extension of Competition

Published in K. Wauters and Y. Marique (eds), EU Directive 2014/24 on public procurement – A new turn for competition in public markets?, Brussels, Larcier 2016, pp. 197-224

23 Pages Posted: 26 Jul 2016

See all articles by Yseult Marique

Yseult Marique

University of Essex - School of Law; Université Libre de Bruxelles (ULB) - Faculty of Law

Date Written: March 20, 2016

Abstract

The 2014 EU procurement directives sought to regulate how changes in the contracts during performance should give raise to a new competition. This paper argues that this regulation is not satisfactory - especially it does not take into account how the 2014 EU procurement directives have moved away from pure competition. It is thus not possible to codify the case law solutions developed by the CJUE in its Pressetext ruling. A more cautious approach is suggested.

Keywords: procurement, changes, competition, innovation, assessment

Suggested Citation

Marique, Yseult, Changes During Performance - A Case for Revising the Extension of Competition (March 20, 2016). Published in K. Wauters and Y. Marique (eds), EU Directive 2014/24 on public procurement – A new turn for competition in public markets?, Brussels, Larcier 2016, pp. 197-224, Available at SSRN: https://ssrn.com/abstract=2812232

Yseult Marique (Contact Author)

University of Essex - School of Law ( email )

Colchester, Essex CO43SQ
United Kingdom

Université Libre de Bruxelles (ULB) - Faculty of Law ( email )

50, av. F. Roosevelt
Brussels, 1050
Belgium

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