Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Public Procurement and the EU Competition Rules 2nd ed


ISBN13: 9781849466127
Previous Edition ISBN: 9781849460668
Published: May 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £160.00



Despatched in 4 to 6 days.

Also available as

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. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market.

This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition.

This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective.

Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.

Subjects:
Competition Law, Public Procurement
Contents:
Part One Introduction

1. Introduction and Framework for Analysis
I. Introduction
II. General Approach to the Interrelationship between Competition and Public Procurement Law
III. Aim of the Study
IV. Structure of the Study and General Overview
V. Methodology: An Eclectic and Heuristic Multi-Disciplinary and Functional Approach to EU Law
VI. Normative Assumptions
VII. Delimitation of the Study: Exclusions and Limitations

Part Two Foundations and Principles: The Economic and Legal Basics of Public Procurement and Competition Law

2. An Economic Approach to Public Procurement and Competition
I. Introduction
II. Types of 'Public Procurement Markets'
III. Economic Dimensions of Public Procurement
IV. The Role of Public Authorities as Purchasing and Contracting Authorities
V. Public Procurement as a Market Failure: Difficulties in Recreating a Competitive Scenario and Competition- Restricting Effects 60
VI. Conclusions to this

3. Basics of Competition and Public Procurement Regulation
I. Introduction
II. Principles Common to Competition and Public Procurement Law as Two Sets of Economic Regulation
III. The Goal(s) of Competition Law
IV. Goals of Public Procurement
V. Conclusions to this Chapter: Common Goals of Competition Law and Public Procurement Conclusions to Part Two: Legal and Economic Normative Foundations of a More Competition-Oriented Public Procurement System

Part Three General Part: The Building Blocks of a Framework for the Competition Analysis of Public Procurement

4. EU Competition Law and Public Procurement: The Inability of EU Competition Rules to Rein in Anti-Competitive Public Procurement
I. Introduction
II. The Inability of Rules on the Grant of State Aid and Special or Exclusive Rights to Tackle Anti-Competitive Public Procurement
III. The Inapplicability of 'Core' EU Antitrust Rules to Public Procurement: A Jurisprudentially Created Gap in EU Competition Law
IV. The Insufficiency of State Action Doctrine to Capture Most of the Anti-Competitive Public Procurement Regulations and Practices
V. Preliminary Conclusions: The Insufficiency of Current Competition Institutions and Potential Improvements to Achieve Better Results
VI. A Revision of Current Doctrine to Achieve Better Results (1): A More Economic Approach to the Concept of 'Economic Activity' in the Public Procurement Field
VII. A Revision of Current Doctrine to Achieve Better Results (2): Setting the Proper Bounds to the State Action Doctrine
VIII. Conclusions to this

5. The Principle of Competition Embedded in the EU Public Procurement Directives
I. Introduction
II. The Competition Principle Embedded in the pre-2014 EU Public Procurement Directives
III. The Principle of Competition Consolidated in Article 18(1) of Directive 2014/24: A Critical Assessment of the Interpretative Difficulties it Creates
IV. Implications of the Competition Principle for the Shaping of Public Procurement Rules by Member States: The General Obligation to Develop a Pro-Competitive Public Procurement Framework
V. The Principle of Equal Treatment and the Principle of Competition Distinguished
VI. Conclusions to this Chapter Part Four Analysis of Competition Distortions Caused by Public Procurement

6. A Critical Assessment of the 2014 EU Public Procurement Directives and the Existing Case Law from a Competition Perspective: Preventing Competitive Distortions by the Public Buyer
I. Introduction
II. A Competition Appraisal of Potential Distortions Derived from Public Procurement Processes
III. Two Examples of Potential Distortions Derived from the Exercise of Public Entities' Market Power
IV. Conclusions to this Chapter

7. Complementary Proposals for the Development of a More Competition-Oriented Public Procurement Framework
I. Introduction
II. Complementary Proposals Aimed at Limiting Publicly Created Restraints of Competition
III. Complementary Proposals Aimed at Limiting Privately Created Restraints of Competition
IV. Complementary Measures Aimed, in General, at Strengthening the Relationships between Competition and Procurement Authorities V. Conclusions to this Chapter

Part V General Conclusions

8. Conclusions: Towards a More Competition-Oriented Procurement System References

Series: Hart Studies in Competition Law

Competition Law and Economic Inequality ISBN 9781509959273
To be published June 2024
Hart Publishing
£44.99
Competition Law and Economic Inequality (eBook) ISBN 9781509959242
Published December 2022
Hart Publishing
£85.50
(ePub)
Buy
Competition Law and Economic Inequality ISBN 9781509959235
Published December 2022
Hart Publishing
£95.00
Experimentalist Competition Law and the Regulation of Markets ISBN 9781509945504
Published June 2022
Hart Publishing
£36.99
Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509944583
Published March 2022
Hart Publishing
£37.99
Access and Cartel Cases: Ensuring Effective Competition Law Enforcement ISBN 9781509942480
Published January 2021
Hart Publishing
£95.00
£37.79
(ePub)
Buy
Experimentalist Competition Law and the Regulation of Markets (eBook) ISBN 9781509910663
Published November 2020
Hart Publishing
Price on Application
(ePub)
Buy
Experimentalist Competition Law and the Regulation of Markets ISBN 9781509910670
Published November 2020
Hart Publishing
Price on Application
Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509945283
Published September 2020
Hart Publishing
£36.99
Conceptualising Procedural Fairness in EU Competition Law (eBook) ISBN 9781509935420
Published September 2020
Hart Publishing
£34.19
(ePub)
Buy
Conceptualising Procedural Fairness in EU Competition Law ISBN 9781509935413
Published September 2020
Hart Publishing
£95.00
£34.99
The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509931330
Published August 2019
Hart Publishing
£34.99
The More Economic Approach to EU Antitrust Law ISBN 9781509927951
Published April 2019
Hart Publishing
£39.99
Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509928811
Published April 2019
Hart Publishing
£28.99
£33.29
(ePub)
Buy
Evidence Standards in EU Competition Enforcement: The EU Approach ISBN 9781509919666
Published February 2019
Hart Publishing
£85.00
The Legality of Bailout and Buy Nationals: International Trade Law in a Crisis ISBN 9781509908240
Published September 2017
Hart Publishing
£85.00
£31.49
(ePub)
Buy
The Role of Competitors in the Enforcement of State Aid Law ISBN 9781509906598
Published April 2017
Hart Publishing
£90.00
£31.49
(ePub)
Buy
Private Power, Online Information Flows and EU Law: Mind the Gap (eBook) ISBN 9781509900657
Published December 2016
Hart Publishing
£26.09
(ePub)
Buy
Private Power, Online Information Flows and EU Law: Mind the Gap ISBN 9781509900633
Published December 2016
Hart Publishing
£80.00
The More Economic Approach to EU Antitrust Law ISBN 9781849466967
Published November 2016
Hart Publishing
£95.00
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781509907069
Published June 2016
Hart Publishing
£31.99
Sanctions in EU Competition Law: Principles and Practice ISBN 9781509907038
Published June 2016
Hart Publishing
£43.99
£117.00
(ePub)
Buy
Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion ISBN 9781849466905
Published September 2015
Hart Publishing
£130.00
The Concept of Abuse in EU Competition Law: Law and Economic Approaches ISBN 9781849469722
Published June 2015
Hart Publishing
£33.99
£144.00
(ePub)
Buy
Fairness in Antitrust: Protecting the Strong from the Weak (eBook) ISBN 9781782254027
Published April 2014
Hart Publishing
£28.79
(ePub)
Buy
Fairness in Antitrust: Protecting the Strong from the Weak ISBN 9781849465151
Published April 2014
Hart Publishing
£85.00
Sanctions in EU Competition Law: Principles and Practice ISBN 9781849465182
Published April 2014
Hart Publishing
£130.00
Sanctions in EU Competition Law: Principles and Practice (eBook) ISBN 9781782253822
Published April 2014
Hart Publishing
£39.59
(ePub)
Buy
European Merger Remedies: Law and Policy ISBN 9781849464116
Published December 2013
Hart Publishing
£150.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience ISBN 9781849464321
Published November 2013
Hart Publishing
£95.00
Competition Laws, Globalisation and Legal Pluralism: China's Experience (eBook) ISBN 9781782252207
Published November 2013
Hart Publishing
£85.50
(ePub)
Buy
Joint Ventures and EU Competition Law ISBN 9781841137933
Published November 2013
Hart Publishing
£190.00
Joint Ventures and EU Competition Law (eBook) ISBN 9781782253471
Published November 2013
Hart Publishing
£171.00
(ePub)
Buy
Cross-Border EU Competition Law Actions ISBN 9781849463744
Published June 2013
Hart Publishing
£140.00
Cross-Border EU Competition Law Actions (eBook) ISBN 9781782251606
Published June 2013
Hart Publishing
£126.00
(ePub)
Buy
Private Enforcement of Competition Law in Ireland ISBN 9781849464130
Published April 2013
Hart Publishing
£130.00
Private Enforcement of Competition Law in Ireland (eBook) ISBN 9781782251231
Published April 2013
Hart Publishing
£117.00
(ePub)
Buy
State Aid and the European Economic Constitution (eBook) ISBN 9781782250517
Published December 2012
Hart Publishing
£81.00
(ePub)
Buy
State Aid and the European Economic Constitution ISBN 9781849461054
Published December 2012
Hart Publishing
£90.00
Shaping Private Antitrust Enforcement in Europe ISBN 9781849468039

Hart Publishing
Publication Abandoned