This paper looks at how the EU public procurement rules have shown a tendency to permanently expand their scope of application, both within and outside the EU. Inside the EU, the expansion has primarily resulted from blurred coverage boundaries and a creeping application outside their explicit...

This paper explores some of the legal implications of the territorial extension or extraterritoriality of EU public procurement law through EU trade policy. The paper has the starting position that, with this policy and regulatory approach, the EU pursues two main goals: first, to further global...

In this case comment, I explore the two EFTA Court Judgments in the Fosen-Linjen saga and their opposing views on the interaction between EU/EEA rules on procurement remedies and the more general principle of State liability for breaches of EU/EEA law. I review the case law of the Court of...

The EFTA Court adopted two recent Judgments on the liability thresholds for damages claims for breaches of EU/EEA public procurement law. In Fosen-Linjen I, it followed the so-called separation thesis of procurement damages and State aid liability and found that ‘A simple breach of public...

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...

The recent ECJ Judgment in case C-124/10 P Commission v Électricité de France (EDF) has clarified an important point in EU State aid law that bears attention: the ‘private investor' test is not an exception, but the general test that the Commission must apply. This paper critically appraises...

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...

This paper provides a critical assessment of the Feasibility study concerning the actual implementation of a joint cross-border procurement procedure by public buyers from different Member States prepared by BBG-SKI for the European Commission. The paper submits that the study provides some...

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...