Similar Search Results

Competition and the Public Buyer Towards a More Competition-Oriented Procurement : The Principle of Competition Embedded in EC Public Procurement Directives

Sanchez-Graells, Albert - 2011

The development of a more competition-oriented public procurement system is possible, on the basis of the principle of … competition that is embedded in the EC public procurement Directives. This paper explores the existence of the principle of … competition, roughly delimits its scope, and broadly indicates the legal consequences that can be extracted from the principle of …

Persistent link: https://www.econbiz.de/10014042607

Enforcement of State Aid Rules for Services of General Economic Interest before Public Procurement Review Bodies and Courts

Sanchez-Graells, Albert - 2014

One of the criticisms against the new rules applicable to the granting of State aid to finance the provision of services of general economic interest in the "Almunia package" is that enforcement is likely to be their weakest point. Similarly, in the more general setting of the "private"...

Persistent link: https://www.econbiz.de/10013063832

Liability Threshold for Damages in Public Procurement : The EFTA Court’s Fosen-Linjen Saga

Sanchez-Graells, Albert - 2019

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...

Persistent link: https://www.econbiz.de/10012862754

The EFTA Court’s Fosen-Linjen Saga on the Liability Threshold for Damages Claims for Breach of EU Public Procurement Law : A There and Back Again Walk

Sanchez-Graells, Albert - 2019

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...

Persistent link: https://www.econbiz.de/10012862758

You Can’t Be Serious : Critical Reflections on the Liability Threshold for Damages Claims for Breach of EU Public Procurement Law After the EFTA Court’s Fosen-Linjen Opinion

Sanchez-Graells, Albert - 2018

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...

Persistent link: https://www.econbiz.de/10014115895

Should the EU Competition Damages Directive Be Revised to Grant Companies that Have Received Immunity from Fines under the Competition Authorities’ Leniency Programmes also Immunit...

Wils, Wouter P. J. - 2023

leniency applications received by European competition authorities in the period 2015 – 2020, the German Monopolies Commission … (Monopolkommission) proposed in 2022 to amend the Competition Damages Directive 2014/104/EU so as to immunize companies that have … received immunity under the competition authorities’ leniency programmes from follow-on actions for damages. This paper …

Persistent link: https://www.econbiz.de/10014347452

The Effectiveness of the European Union in Safeguarding Competition in Public Procurement Markets

Fazekas, Mihaly - 2018

continent, as it amounts to 4% of GDP. If competition is deficient efficiency losses ensue. As we know surprisingly little about … the effectiveness of monitoring and enforcement institutions designed to safeguard competition, we investigate whether the …

Persistent link: https://www.econbiz.de/10012930361

Competition and State Aid Implications of ‘Public’ Minimum Wage Clauses in EU Public Procurement after the RegioPost Judgment

Sanchez-Graells, Albert - 2017

This chapter assesses the use of public procurement to enforce labour standards from a competition and State aid …, competition and State aid rules. It concludes that, given the current ineffectiveness of the checks and balances theoretically …

Persistent link: https://www.econbiz.de/10012957814

The Many Faces of Transparency in EU Public Procurement

Halonen, Kirsi-Maria - 2018

Transparency in EU Public Procurement regime can be divided into advertising obligations under the EU Procurement Directives and access to documents under national laws of Member States. Due to limited EU rules on post-award transparency the disclosure rules are subject to national laws. Here...

Persistent link: https://www.econbiz.de/10014110857

Public Procurement - The Role of Competition Authorities in Promoting Competition : Key findings, summary and notes

OECD - 2008

The OECD Competition Committee debated public procurement in June 2007. This document includes an executive summary and …

Persistent link: https://www.econbiz.de/10015081724