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
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: Suggested Citation