Public procurement and framework agreements
the application of competition law to contracting authorities in a procurement context
- ISBN: 9788757442649
- Editorial: Djof Publishing Co.
- Fecha de la edición: 2018
- Lugar de la edición: Copenhagen. Dinamarca
- Encuadernación: Rústica
- Medidas: 23 cm
- Nº Pág.: 473
- Idiomas: Inglés
Public Procurement and Framework Agreements identifies, analyzes, clarifies and discusses the implications of the interplay between competition law and procurement law concerning framework agreements. The two sets of rules - competition law and procurement law - differ significantly as regards objectives, instruments, and structures, and furthermore, competition law is directed primarily at private undertakings, whereas procurement law primarily is directed at the Member States and their public entities. Thus, the application of competition law to a framework agreement - a procurement law contract - is complex.
On this basis, the logical question is: Why should competition rules be applied? The answer is simple: Because Central Purchasing Bodies (CPBs) acting as intermediaries are undertakings.
The book shows how this conclusion is reached and which competition law infringements CPBs must be aware of.
Part 1 - Introduction and methodology
Chapter 1. Introduction and framework
Chapter 2. Methodology
Part II - Basics of competition law and procurement law
Chapter 3. Basics of competition law and procurement law
Chapter 4. The principle of competition and consistencies and differences between procurement law and competition law - in the context of objectives and the Internal Market
Part III - Framework agreements
Chapter 5. Framework agreements
Chapter 6. Parties to the framework agreements and organization hereof
Chapter 7. Pros and cons of framework agreements
Part IV - Can competition law be applied?
Chapter 8. Concept of an Undertaking
Chapter 9. FENIN
Chapter 10. Applicability of competition law to CPBs when establishing the framework agreements
Part V - Competition law challenges for CPBs
Chapter 11. Market structure and buyer power
Chapter 12. Article 101 TFEU - agreements preventing, restricting or distorting competition
Chapter 13. Article 102 TFEU - abuse of dominance
Part VI - Conclusions
Chapter 14. Conclusions Summary (English)Summary (Danish)BibliographyAppendices