This paper will show that the European Single Procurement Document (ESPD) introduced by Directive 2014/24/EU and Commission Implementing Regulation 2016/07 constitutes a paradigm shift on how public procurement procedures are run in the EU and one with unintended consequences. Before its...

On December 22, 2016, the EFTA Court handed its Advisory Opinion in Ski Taxi SA, Follo Taxi SA og Ski Follo Taxidrift AS v Staten v/Konkurransetilsynet. In this case, the EFTA Court dealt with a preliminary question concerning the applicable test to determine whether a joint bid for a public...

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...

The new EU Procurement Directives reinforced the importance of sustainable development by facilitating the strategic use of public procurement to achieve broader societal goals and as such offer significant new opportunities for sustainable public procurement. The task of today is to better...

This paper examines whether fraud allegations affect firms' contracting with the government. Using a dataset of whistleblower allegations brought under the False Claims Act against firms accused of defrauding the government, we find that federal agencies do not reduce the total dollar volume of...

In many circumstances, procurement contracts entail crucial unverifiable dimensions. In a repeated procurement auction framework, we show that by strategically using the reserve price, a buyer is able to elicit the provision of unverifiable quality. Thus the buyer need not resort to any...

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...

Defense offsets are a form of countertrade whereby arms importing countries demand some form of compensation for the lost opportunity for domestic production. Both the United States and the European Union (EU) maintain that offsets are economically inefficient and trade distorting. Accordingly,...