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PUBLIC PROCUREMENT AND THE EU COMPETITION RULES


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. Th is
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 fi rst edition. Th is 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. Th e
second edition of the book also deepens the analysis of the market behaviour of the public
buyer from a competition perspective. Th e 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.
Albert Sánchez Graells - Personal Name
978-1-78225-999-2
NONE
Management
English
2015
1-626
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