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
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: Suggested Citation