Public Procurement And The Eu Competition Rules Public Procurement And The Europenan Union Competition Rules

Shortlisted for the 2012 Prix Vogel in Economic Law. Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This new work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. In this process of convergence between competition and public procurement law , the need for this joint study is clearly apparent. As such the book asks whether competition law principles inform or condition public procurement rules, and whether they are adequate to ensure that competition is not distorted in markets where public procurement is particularly significant. The book moves away from the classical focus of public procurement on the activities of private actors, developing instead an analytical framework for the appraisal of the market behaviour of the public buyer from a competition perspective. The analysis is both legal and economic. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of the rules in competition and public procurement against a standard of the proper functioning of undistorted competition in the market for public procurement. Public Procurement And Competition Law Are Both Important Fields Of Eu Law And Policy, Intimately Intertwined In The Creation Of The Internal Market. Hitherto Their Close Connection Has Been Noted, But Not Closely Examined. This New Work Is The Most Comprehensive Attempt To Date To Explain The Many Ways In Which These Fields, Often Considered Independent Of One Another, Interact And Overlap In The Creation Of The Internal Market. In This Process Of Convergence Between Competition And Public Procurement Law, The Need For This Joint Study Is Clearly Apparent. As Such The Book Asks Whether Competition Law Principles Inform Or Condition Public Procurement Rules, And Whether They Are Adequate To Ensure That Competition Is Not Distorted In Markets Where Public Procurement Is Particularly Significant. The Book Moves Away From The Classical Focus Of Public Procurement On The Activities Of Private Actors, Developing Instead An Analytical Framework For The Appraisal Of The Market Behaviour Of The Public Buyer From A Competition Perspective. The Analysis Is Both Legal And Economic. Proceeding Through A Careful Assessment Of The General Rules Of Competition And Public Procurement, The Book Constantly Tests The Efficacy Of The Rules In Competition And Public Procurement Against A Standard Of The Proper Functioning Of Undistorted Competition In The Market For Public Procurement--provided By Publisher. Introduction And Framework For Analysis -- An Economic Approach To Public Procurement And Competition -- Basics Of Competition And Public Procurement Regulation -- Eu Competition Law And Public Procurement : The Inability Of Eu Competition Rules To Rein In Anti-competitive Public Procurement -- The Principle Of Competition Embedded In The Eu Public Directives -- A Critical Assessment To Of Current Eu Public Procurement Directives And Their Case Law From A Competition Perspective : Preventing Competition Distortions By The Public Buyer -- Complementary Proposals For The Development Of A More Competition-oriented Public Procurement Framework -- Conclusions Of The Study On Public Procurement And The Eu Competition Rules : Towards A More Competition-oriented Procurement System. Albert Sánchez Graells. Includes Bibliographical References (p. 399-453) And Index. "Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law."--Bloomsbury Publishing. This comprehensive book explains the many ways in which the fields of Public procurement and competition law interact and overlap