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Vol 21 No 10 Oct/Nov 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Public Procurement and the EU Competition Rules 2nd ed isbn 9781849466127

Public Procurement and the EU Competition Rules


ISBN13: 9781849460668
New Edition ISBN: 9781849466127
Published: January 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: Out of print



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.

Subjects:
Competition Law, EU Law, Public Procurement
Contents:
Part I: Introduction
1. Introduction and Framework for Analysis

Part II: Foundations and Principles. The Economic and Legal Basics of Public Procurement and Competition Law
2. An Economic Approach to Public Procurement and Competition
3. Basics of Competition and Public Procurement Regulation Conclusions to

Part II: Legal and Economic Normative Foundations of a More Competition-Oriented Public Procurement System

Part III: 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
5. The Principle of Competition Embedded in the EU Public Procurement Directives Conclusions to

Part III: Sketching a Legal Framework to Discipline the Market Behaviour of the Public Buyer and to Guarantee Undistorted Competition in Public Procurement

Part IV: Analysis of Competition Distortions Caused by Public Procurement
6. A Critical Assessment of Current EU Public Procurement Directives and their Case Law from a Competition Perspective-Preventing Competitive Distortions by the Public Buyer
7. Complementary Proposals for the Development of a More Competition-Oriented Public Procurement Framework

Part V: General Conclusions
8. Conclusions of this Study on Public Procurement and the EU Competition Rules-Towards a More Competition-Oriented Procurement System