EU Competition Law and Public Procurement: Competition-Driven Limits Imposed to Public Bodies When They Source Goods, Works and Services

381 Pages Posted: 23 Sep 2018

Date Written: April 9, 2018

Abstract

Contracting authorities may feel tempted, within their discretionary limits, to reduce the competitive tension in the different stages of the procurement of a good, work or service, impeding hence the establishment of a competitive EU-wide procurement market that guarantees the access of all European firms to public contracts. However, the analysis of what practices are capable of distorting or reducing competition may not be straightforward, as it involves an evaluation of the concurring circumstances in order to discern whether – and, if so, in what way – the competitive dictates shape the discretion of a contracting authority.

Therefore, in our research, we will answer the following research questions: 1. Within the EU, to what extent do the interactions between market integration and competition condition the procurement of a good, work or service? 2. To what extent is the discretion of contracting authorities in their procuring endeavors actually limited by competitive concerns?

Keywords: EU competition law, EU public procurement

JEL Classification: K21, K12

Suggested Citation

Angulo Garzaro, Noemí, EU Competition Law and Public Procurement: Competition-Driven Limits Imposed to Public Bodies When They Source Goods, Works and Services (April 9, 2018). Available at SSRN: https://ssrn.com/abstract=3237004 or http://dx.doi.org/10.2139/ssrn.3237004

Noemí Angulo Garzaro (Contact Author)

Basque Government - Eusko Jaurlaritza ( email )

Spain

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