Distortions of Competition by Contracting Authorities — Bringing Some of the Pieces Together

Presented at the conference ‘Competition law and public procurement – two sides of the same coin’ organised by the Polish Public Procurement Law Association in Warsaw on 12 June 2018

20 Pages Posted: 14 Jul 2018

Date Written: June 22, 2018

Abstract

This paper stresses that public procurement regulation and practice can result in distortions of competition and offers stylised economic analysis of the ways in which they can unfold. Against that backdrop, the paper provides updated analysis of the distortions of competition that can derive from the exercise of administrative discretion by public buyers and their treatment under EU competition and public procurement law. The paper concentrates, in particular, on a proposal to boost the role of the principle of competition of Article 18(1)II of Directive 2014/24/EU as a tool to promote pro-competitive public procurement regulation and practice.

Keywords: competition, public procurement, distortion, restriction, principle of competition, artificial narrowing

JEL Classification: H57, K21, K23, K42

Suggested Citation

Sanchez-Graells, Albert, Distortions of Competition by Contracting Authorities — Bringing Some of the Pieces Together (June 22, 2018). Presented at the conference ‘Competition law and public procurement – two sides of the same coin’ organised by the Polish Public Procurement Law Association in Warsaw on 12 June 2018. Available at SSRN: https://ssrn.com/abstract=3201198

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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