Friday, December 19, 2014

The EU Concessions Directive: Building (Toll) Bridges between Competition Law and Public Procurement?

Martin Farley (Kings College) and Nicolas Pourbaix (Hogan) ask The EU Concessions Directive: Building (Toll) Bridges between Competition Law and Public Procurement?

ABSTRACT: The nature of concession markets and the type of entities which will be caught by the Concessions Directive increase the possibility that procuring entities will be caught by competition law when awarding concession contracts. A number of specific provisions of the Concessions Directive have the potential to affect—both positively and not so positively—the enforcement of competition law, by seeking to regulate the duration of concession contracts, excluding bidders from participation in tendering procedures on grounds of violation of competition law, and allowing modifications of concession contracts post-award. The complexity and nature of concession contracts offer greater scope for undertakings to form bidding consortia than in traditional public contracts, thereby giving rise to an increased risk that such consortia could be found to infringe competition law.

https://lawprofessors.typepad.com/antitrustprof_blog/2014/12/the-eu-concessions-directive-building-toll-bridges-between-competition-law-and-public-procurement.html

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