This paper analyzes the rules and administrative practice concerning the selection, weighting and application of award criteria in public procurement procedures under Spanish law. It also touches upon the issue of challenges against award decisions, and the screening of abnormally low bids after...

The development of a more competition-oriented public procurement system is possible, on the basis of the principle of competition that is embedded in the EC public procurement Directives. This paper explores the existence of the principle of competition, roughly delimits its scope, and broadly...

On February 7, 2011, the Spanish National Competition Authority (Comisión Nacional de la Competencia, CNC) published its Guide on Public Procurement and Competition with the goal of offering practical recommendations that contribute to the promotion of effective competition in public...

Competition is the best means to ensure efficient allocation of resources. Hence, the achievement of value for money depends crucially on the development of public procurement activities in highly competitive markets. However, public procurement can generate significant (negative) effects on...

The use of soft law instruments is pervasive in the field of EU competition policy. This poses significant legal challenges derived from the progressive ‘hardening’ of these regulatory tools by the European Courts as a result of the application of the general principles of EU law. The...

Procurement activities conducted by the public buyer are very relevant for the proper working of the markets. Hence, the market activities of the public buyer should comply with the requirements of competition law - ie should not restrict or distort competitive outcomes derived from free market...

Block exemption regulations (BER) survived the modernisation of EC competition law. According to the European Commission and some commentators, BER have a major role to play in the system instituted by Regulation 1/2003. Others are more critical and consider that BER are hard to nest within the...

Tort Law is not harmonised at a European level. Substantive and procedural regulations vary substantially across EU Member States in most of the facets and dimensions of damages actions. These differences derive, amongst other causes, from different legal traditions. However, significant efforts...

This paper indentifies the two-dimensional relationship that procurement and competition keep. From a ‘market’ perspective, public procurement needs to take place in an environment free from collusion between tenderers, or bid rigging. Public buyers only can achieve value for money if...

This paper offers some reflections on the position advanced by the EFTA Court that a simple breach of EU public procurement law is in itself sufficient to trigger the contracting authority's liability in damages (Fosen-Linjen). I argue that this position is flawed because it deviates from...