This paper explores three of the challenges that public buyers face when designing public tenders to support the delivery of smart urban mobility initiatives and when supervising the execution of the relevant contracts. First, the paper covers emerging issues around access and reuse of transport...

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...

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...

This paper takes the dearth of quality procurement data as an empirical point of departure to assess emerging regulatory trends in data-driven and digital public procurement governance and, in particular, the European Commission's ambition for the single digital procurement market. It resorts to...

This paper stresses that public procurement regulation and practice can result in distortions of competition and offers stylised economic analysis of the ways in which they can unfold. Against that backdrop, the paper provides updated analysis of the distortions of competition that can derive...

Despite growing global interest in the use of algorithmic behavioural screens, big data and machine learning to detect bid rigging in procurement markets, the UK's Competition and Markets Authority (CMA) was under no obligation to undertake a project in this area, much less to publish a...

In EasyPay and Finance Engineering (C-185/14), the Court of Justice of the European Union (CJEU) has revisited the concept of undertaking for the purposes of the application of EU competition law. It has clarified the test applicable to economic agents engaging in ‘mixed' economic and...

This chapter assesses the use of public procurement to enforce labour standards from a competition and State aid perspective, and concentrates on the establishment of contract compliance clauses under the rules of Article 26 of Directive 2004/18/EC and Article 70 of Directive 2014/24/EU and in...

As part of its enforcement duties under the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013, and in exercise of the powers assigned to it by the Health and Social Care Act 2012, the health care sector regulator for England (Monitor) is co-competent...

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...