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Intersection of public procurement and competition rules of the European Union

Kilpailuoikeudellinen vuosikirja 2021 s. 199–232
17.3.2023
Asiantuntija-artikkeli

Legal scholars have traditionally identified the public procurement and competition rules of the European Union (“EU”) as separate fields of law and EU policy. In recent years, there has been an increasing interest in the relationship between procurement legislation and the proper functioning of competition in the markets.

This article compares these two sets of rules and describes certain crossroads of public procurement and competition. In this regard, collusion between competitors in public procurement is an obvious area of interest. Secondly, the appearance of abnormally low tenders in public procurement is another phenomenon that may have competition law implications. The third topic of interest is the relationship between State aid and public procurement rules, where there is a presumption that a properly conducted public procurement process indicates the absence of State aid.

(Edilex-toimitus)

Asiasanat
• Euroopan unioni - Julkiset hankinnat - Kilpailu - Kilpailukielto - Yhdysvallat