Following the identification of emerging risks in digital procurement governance (see https://ssrn.com/abstract=4254931), this Chapter explores how to embed risk assessments in the initial stages of decision-making processes leading to the adoption of digital solutions for procurement...

This Chapter complements the analysis at http://ssrn.com/abstract=4232973, which stressed that the potential benefits resulting from the adoption of digital technologies within the feasibility boundary drawn therein need to be assessed holistically and considering new governance risks and...

Public procurement rules were introduced in the European legal system as a device mainly intended to help build an effective internal market where competition is not distorted, in search for economic development. According to the supporting Cecchini Report, increasing cross-border competition...

This chapter aims to identify the key areas where EU competition law is relevant from a public procurement perspective: that is, mainly, the prevention and sanctioning of procurement manipulation by suppliers (bid rigging) and the granting of distortive State aid that advantages some of them...

The interaction between competition law and public procurement has been gaining visibility in recent years. This contribution claims that these two bodies of EU economic law mainly intersect at two points, or in two different dimensions. Firstly, they touch each other at the need to tackle...

This paper assesses the risks, rationale and justification for the rules on centralisation and aggregation of public procurement in Directive 2014/24. The paper explores the justifications advanced for the aggregation of purchasing and the countervailing risks it generates. In both cases, it...

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...

One of the contributions of the Chicago School to economic theory is that of underlining the importance of compliance costs on entrepreneurial activity and economic growth. From a business perspective, complying with general regulations and administrative red tape is a costly burden that may...

This paper provides a critical analysis of the new operating model for NHS procurement that is being implemented in 2018 (the ‘NOM’). The NOM is expected to generate significant savings through centralised procurement and strategic supply chain management, which can then be dedicated to...

This third edition of the foreword for the public procurement special issue of e-Competitions explores the principle of competition consolidated in Art 18(1) of Directive 2014/24, as well as the more specific tools to prevent the participation or exclude undertakings engaged in bid rigging or...