Antitrust and Coopservice: Procurement Aggregation Is a Serious Thing (Adjudicating Too)

European Papers, November 2019

13 Pages Posted: 11 Dec 2019

See all articles by Manuel Peláez Muras

Manuel Peláez Muras

Autonomous University of Madrid ; Banco de España

Multiple version iconThere are 2 versions of this paper

Date Written: November 17, 2019

Abstract

Antritrust and Coopservice (judgment of 19 December 2018, case C-216/17) is a peculiar product of the Court of Justice. It is one of a kind in aggregate procurement, a subfield of public procurement that has remained virtually untouched by the Court. A number of very helpful and reasonable directions can be drawn from this judgment with respect to the duration and quantification of framework agreements as well as the identification of the authorities entitled to use them in the case of framework agreements concluded jointly by several authorities. At the same time, it is not a model of adjudication, incurring in some inaccuracies, obvious mistakes, and even unkindness to the referring national court. This surely make it more enjoyable to read and comment. The present paper shows the slips of the Court, while highlighting the main directions that can be extracted vis-à-vis the operation of framework agreements and joint contracts.

Keywords: public procurement, joint procurement, framework agreements, judicial dialogue, estimated value, principle of transparency

JEL Classification: K23, K12

Suggested Citation

Peláez Muras, Manuel, Antitrust and Coopservice: Procurement Aggregation Is a Serious Thing (Adjudicating Too) (November 17, 2019). European Papers, November 2019, Available at SSRN: https://ssrn.com/abstract=3491999

Manuel Peláez Muras (Contact Author)

Autonomous University of Madrid ( email )

Campus Cantoblanco
C/Kelsen, 1
Madrid, 28049
Spain

Banco de España ( email )

Alcala 50
Madrid 28014
Spain

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