Public Procurement and the EU Competition Rules, 2nd Edition

Name: Public Procurement and the EU Competition Rules, 2nd Edition
Brand: Hart Publishing
SKU: 9781849466127
Price: 2143.70 HKD
Availability: InStock
Author: Albert Sanchez Graells
ISBN: 9781849466127

By Albert Sanchez Graells

Hart Publishing May 2015

Specifications

ISBN-13: 9781849466127
Publisher: Hart Publishing
Publication: May 2015
Format: Hardback , 650 pages
Jurisdiction: European Union ? Countri(es) for reference only

Details

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.

Part One Introduction; 1.
Introduction and Framework for Analysis: I. Introduction; II. General Approach to the Interrelationship between Competition and Public Procurement Law; III. Aim of the Study; IV. Structure of the Study and General Overview; V. Methodology: An Eclectic and Heuristic Multi-Disciplinary and Functional Approach to EU Law; VI. Normative Assumptions; VII. Delimitation of the Study: Exclusions and Limitations; Part Two Foundations and Principles: The Economic and Legal Basics of Public Procurement and Competition Law; 2.
An Economic Approach to Public Procurement and Competition: I. Introduction; II. Types of 'Public Procurement Markets'; III. Economic Dimensions of Public Procurement; IV. The Role of Public Authorities as Purchasing and Contracting Authorities; V. Public Procurement as a Market Failure: Difficulties in Recreating a Competitive Scenario and Competition- Restricting Effects 60; VI. Conclusions to this; 3.
Basics of Competition and Public Procurement Regulation: I. Introduction; II. Principles Common to Competition and Public Procurement Law as Two Sets of Economic Regulation; III. The Goal(s) of Competition Law; IV. Goals of Public Procurement; V. Conclusions to this Chapter: Common Goals of Competition Law and Public Procurement Conclusions to Part Two: Legal and Economic Normative Foundations of a More Competition-Oriented Public Procurement System; Part Three General Part: The Building Blocks of a Framework for the Competition Analysis of Public Procurement; 4.
EU Competition Law and Public Procurement: The Inability of EU Competition Rules to Rein in Anti-Competitive Public Procurement: I. Introduction; II. The Inability of Rules on the Grant of State Aid and Special or Exclusive Rights to Tackle Anti-Competitive Public Procurement; III. The Inapplicability of 'Core' EU Antitrust Rules to Public Procurement: A Jurisprudentially Created Gap in EU Competition Law; IV. The Insufficiency of State Action Doctrine to Capture Most of the Anti-Competitive Public Procurement Regulations and Practices; V. Preliminary Conclusions: The Insufficiency of Current Competition Institutions and Potential Improvements to Achieve Better Results; VI. A Revision of Current Doctrine to Achieve Better Results (1): A More Economic Approach to the Concept of 'Economic Activity' in the Public Procurement Field; VII. A Revision of Current Doctrine to Achieve Better Results (2): Setting the Proper Bounds to the State Action Doctrine; VIII. Conclusions to this; 5.
The Principle of Competition Embedded in the EU Public Procurement Directives: I. Introduction; II. The Competition Principle Embedded in the pre-2014 EU Public Procurement Directives; III. The Principle of Competition Consolidated in Article 18(1) of Directive 2014/24: A Critical Assessment of the Interpretative Difficulties it Creates; IV. Implications of the Competition Principle for the Shaping of Public Procurement Rules by Member States: The General Obligation to Develop a Pro-Competitive Public Procurement Framework; V. The Principle of Equal Treatment and the Principle of Competition Distinguished; VI. Conclusions to this Chapter Part Four Analysis of Competition Distortions Caused by Public Procurement; 6.
A Critical Assessment of the 2014 EU Public Procurement Directives and the Existing Case Law from a Competition Perspective: Preventing Competitive Distortions by the Public Buyer: I. Introduction; II. A Competition Appraisal of Potential Distortions Derived from Public Procurement Processes; III. Two Examples of Potential Distortions Derived from the Exercise of Public Entities' Market Power; IV. Conclusions to this Chapter; 7.
Complementary Proposals for the Development of a More Competition-Oriented Public Procurement Framework: I. Introduction; II. Complementary Proposals Aimed at Limiting Publicly Created Restraints of Competition; III. Complementary Proposals Aimed at Limiting Privately Created Restraints of Competition; IV. Complementary Measures Aimed, in General, at Strengthening the Relationships between Competition and Procurement Authorities V. Conclusions to this Chapter; Part V General Conclusions; 8.
Conclusions: Towards a More Competition-Oriented Procurement System References