Competition and Procurement Regulation: A Goal, a Principle, a Requirement, or All of the Above?

in Steen Treumer’s Mindeskrift edited by Carina Risvig Hamer, Erik Bertelsen, Marta Andhov, and Roberto Caranta (Ex Tuto Publishing, 2022 Forthcoming)

12 Pages Posted: 18 Apr 2022

Date Written: January 18, 2022

Abstract

In this contribution, I reflect on the role of competition in public procurement regulation and, more specifically, on whether competition should be treated as a regulatory goal, as a general principle of public procurement law, as a specific (implicit or explicit) requirement in discrete legal provisions, or all of the above. This is an issue I had the pleasure and honour of discussing with Professor Steen Treumer back in 2009, when I was a PhD student visiting the Copenhagen Business School. While Steen never revealed to me what he really thought, his probing questions continue to help me think of this issue, which remains at the core of my research efforts. This contribution shows that the role of competition keeps cropping up in procurement regulation and litigation, as evidenced in recent UK developments. This is thus an evergreen research topic, which were Steen’s favourites.

Keywords: Public procurement, competition, regulatory goals, general principles, competition requirements, legal interpretation

JEL Classification: H57, K21, K23, K42, L49

Suggested Citation

Sanchez-Graells, Albert, Competition and Procurement Regulation: A Goal, a Principle, a Requirement, or All of the Above? (January 18, 2022). in Steen Treumer’s Mindeskrift edited by Carina Risvig Hamer, Erik Bertelsen, Marta Andhov, and Roberto Caranta (Ex Tuto Publishing, 2022 Forthcoming), Available at SSRN: https://ssrn.com/abstract=4012022

Albert Sanchez-Graells (Contact Author)

University of Bristol - School of Law ( email )

Wills Memorial Building
Queen's Road Clifton
Bristol, BS8 1RJ
United Kingdom

HOME PAGE: http://www.howtocrackanut.com/

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