Showing 1 - 10 of 72
One of the criticisms against the new rules applicable to the granting of State aid to finance the provision of services of general economic interest in the "Almunia package" is that enforcement is likely to be their weakest point. Similarly, in the more general setting of the "private"...
Persistent link: https://www.econbiz.de/10013063832
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...
Persistent link: https://www.econbiz.de/10014193435
The approval of Regulation 1/2003 and the accompanying "modernisation package" of EU antitrust rules has taken antitrust into the civil process. Some rules of this new private enforcement framework are clearly different from those of publicly enforced systems. Most noteworthy are the differences...
Persistent link: https://www.econbiz.de/10014053774
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...
Persistent link: https://www.econbiz.de/10014040200
This revised foreword to a special issue of e-competitions explores the EU competition law implications of public procurement activities. More specifically, it tries to highlight how bid rigging seems pervasive in the public procurement setting despite increased enforcement efforts (a situation...
Persistent link: https://www.econbiz.de/10014042033
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...
Persistent link: https://www.econbiz.de/10014042607
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...
Persistent link: https://www.econbiz.de/10014043855
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...
Persistent link: https://www.econbiz.de/10014045493
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...
Persistent link: https://www.econbiz.de/10014198076
This paper focuses on the treatment of public procurement activities under EC competition law. After briefly outlining the competition economics of public procurement, the paper shows the perceived shortcomings of current EC competition rules and case-law to effectively tackle publicly-generated...
Persistent link: https://www.econbiz.de/10014204713