Description
Bloomsbury Publishing PLC Public Procurement and the EU Competition Rules by Albert Sanchez Graells
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 isparticularlyapparent in the new 2013 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 thebook builds upon this principled approach and continues to askhow competition law principles informand 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 theanalysis 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.