Public Procurement And The Eu Competition Rules
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Public Procurement And The Eu Competition Rules
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Author : Albert Sánchez Graells
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-06-25
Public Procurement And The Eu Competition Rules written by Albert Sánchez Graells and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-25 with Law categories.
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.
Public Procurement And The Eu Competition Rules
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Author : Albert Sánchez Graells
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-01-29
Public Procurement And The Eu Competition Rules written by Albert Sánchez Graells and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-29 with Law categories.
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 The Eu Competition Rules 2nd Edition
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Author : Albert Sanchez-Graells
language : en
Publisher:
Release Date : 2015
Public Procurement And The Eu Competition Rules 2nd Edition written by Albert Sanchez-Graells and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
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. Th is work is the most comprehensive attempt to date to explain the many ways in which these fields, oft en 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 new 2014 Directives on public procurement that, in a novel way, consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition of the book builds upon this principled 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 in markets where public procurement is particularly significant. The second edition of the book also deepens the analysis of the market behaviour of the public buyer from a competition perspective. The analysis remains 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. 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 that line of development of EU Economic Law.
Shaping Eu Public Procurement Law
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Author : Albert Sanchez-Graells
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-09-14
Shaping Eu Public Procurement Law written by Albert Sanchez-Graells and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-14 with Law categories.
The first part of the book offers a unique reflection on enduring themes in public procurement law such as the shaping of the scope of this regulatory regime, the development of tighter criteria for the exclusion of candidates and tenderers, the conduct of qualitative selection, the consolidation of the court’s previous approach to technical specifications, new developments in tender evaluation, the inclusion of contract performance clauses with a social orientation, and, last but not least, the development of interpretive guidance concerning several aspects of the procurement remedies regime. The book shows that the period 2015–2017 has been an interesting and rather intense period for the development of EU public procurement law, where the CJEU has not only consolidated some parts of its long-standing procurement case law but also introduced significant innovations that can create future challenges for the consistency of this regulatory regime. The first part of the book concludes with some thoughts on some of the salient aspects of this recent episode of silent reform of EU public procurement law through CJEU case law. The second part of the book contains the essential excerpts of forty-one chronologically ordered judgments issued by the CJEU in the period 2015–2017, which have been selected because they either raise new issues or important matters of public procurement law. Each of the selected judgments is followed by an exhaustive and critical in-depth analysis, highlighting and providing insight into its legal and practical issues and consequences. An exhaustive subject-index offers the reader quick and easy access to the case law treated in this book. This unique book, a ‘must-have’ reference work for judges and courts of all EU Member States and candidate countries and academics and legal professionals who are active in the field of procurement law, will also be valuable for law libraries and law schools across the world and for law students who focus their research and studies on EU law.
Public Procurement And The Eu Competition Rules
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Author : Albert Sanchez-Graells
language : en
Publisher: Hart Publishing
Release Date : 2011-01-29
Public Procurement And The Eu Competition Rules written by Albert Sanchez-Graells and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-29 with Law categories.
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.
The Consistent Application Of Eu Competition Law
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Author : Adriana Almășan
language : en
Publisher: Springer
Release Date : 2017-01-04
The Consistent Application Of Eu Competition Law written by Adriana Almășan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-04 with Law categories.
In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.
Competition Law And Collusion In Public Procurement
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Author : Penelope Giosa
language : en
Publisher: Taylor & Francis
Release Date : 2025-08-22
Competition Law And Collusion In Public Procurement written by Penelope Giosa and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-08-22 with Law categories.
This book examines infringements of competition law in public procurement settings, evaluating the latest European Procurement Directive 2014/24/EU to examine to what extent its provisions facilitate or deter collusion during specific award procedures. Public contracts account for a significant proportion of EU expenditure. In sectors such as energy, transport, social protection and the provision of health or education services, public authorities are the main purchasers. It is important to ensure that public contracts are awarded in an open, fair and transparent manner that enables domestic and non-domestic firms to compete on an equal basis, with the aim of improving the quality and lowering the price of purchases made by public authorities. This book assesses the competition law enforcement mechanisms that competition regulators bring to the area of public procurement in the attempt to deter bid rigging. It analyzes key tools for the public and private enforcement of competition law in the domain of public contracts, such as the leniency programme, damages claims for bid rigging and the whistle blower programme. The book uses auction theory as benchmark to assess the risk of collusion in the context of procurement procedures and techniques. Offering a holistic analysis informed by research, it makes recommendations for better design, set up and management of public tenders without distorting competition. Highlighting the need to make use of competition law enforcement mechanisms in the battle against collusion in public procurement, it identifies ways in which the procurement process can be improved, to reduce and prevent bid rigging. The book will be of interest to researchers in the field of competition law, public procurement and EU law.
Reformation Or Deformation Of The Eu Public Procurement Rules
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Author : Grith Skovgaard Ølykke
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-11-25
Reformation Or Deformation Of The Eu Public Procurement Rules written by Grith Skovgaard Ølykke and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Government purchasing categories.
Using an innovative 'law and political science' methodology, this timely book carries out a critical assessment of the reform of the EU public procurement rules. It provides a rich account of the policy directions and the spaces for national regulatory decisions in the transposition of the 2014 Public Procurement Package, as well as areas of uncertainty and indications on how to interpret the rules in order to make them operational in practice. Most EU law research focuses on the content of rules and the impact of case law on their interpretation and application. It rarely discusses how the CJEU's case law influences the creation of new rules, or the way EU law-makers enact them - issues which, conversely, are a staple for political scientists. By blending both approaches this book finds that political science provides a useful framework to describe the law-making process and shows that the influence of the CJEU was significant. Though the specific case studies identify many reforms, the ultimate assessment is that EU public procurement law was deformed. Offering a clear contribution to the emerging scholarship on 'flexible' EU law-making, this book's novel methodology will appeal to scholars and students of both law and political science. Law- and policy-makers as well as legal practitioners will also find its practical approach compelling.--Résumé de l'éditeur.
Discretion In Eu Public Procurement Law
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Author : Sanja Bogojevic
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-30
Discretion In Eu Public Procurement Law written by Sanja Bogojevic and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-30 with Law categories.
The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.