This chapter revisits the interaction between the EU rules on State aid and on public procurement. It probes the standard presumption that compliance with EU procurement rules excludes the existence of State aid because public tenders are apt to replicate market conditions and thus suppress any...

In this chapter, I reflect on the topic of ‘lay decision-making in the legal system' from the perspective of the economic analysis of law. Or, in other words, I look at the ways in which economic theory and insight can help resolve issues of legal decision-making by providing both a...

We study empirically the determinants of public tomb prices in a sample of Spanish towns. We document strong evidence in favor that cemeteries act as local monopolies that use second degree price discrimination to maximize profits. Additionally we report that local cemetery prices react to...

This paper offers a cursory overview of the rules applicable to transparency and disclosure of documents in the context of public procurement of the EU Institutions under the rules of the Financial Regulation, its Rules on Implementation, and the EU FOIA Regulation (Reg 1049/2001). The paper...

This paper indentifies the two-dimensional relationship that procurement and competition keep. From a ‘market’ perspective, public procurement needs to take place in an environment free from collusion between tenderers, or bid rigging. Public buyers only can achieve value for money if...

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 recent ECJ Judgment in case C-124/10 P Commission v Électricité de France (EDF) has clarified an important point in EU State aid law that bears attention: the ‘private investor' test is not an exception, but the general test that the Commission must apply. This paper critically appraises...

This Chapter continues unpacking the gatekeeping role assigned to the procurement function in the context of public sector digitalisation. After the analysis of procurement as a regulatory actor in https://ssrn.com/abstract=4351555, the focus is now put on the procedural and substantive...