Public procurement and the EU competition rules / Albert Sánchez Graells.Material type: TextSeries: Hart studies in competition law.Publisher: Oxford : Oxford and Portland, Oregon, 2015Edition: Second edition.Description: liii, 570 pages : illustrations ; 25 cm.ISBN: 9781849466127.Subject(s): Competition, Unfair -- European Union countries | Government purchasing -- Law and legislation -- European Union countries | Government purchasing -- European Union countriesDDC classification: 343.40721
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Symbiosis Law School, Noida
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Symbiosis Law School, Noida
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Includes bibliographical references (pages 489-555) and index.
Cover; Half-title; Title; Copyright; Dedication; Foreword to the Second Edition; Foreword to the First Edition; Author's Note to the Second Edition; Contents; Table of Cases and Opinions; Table of Legislation; Part One: Introduction; 1 Introduction and Framework for Analysis; I. Introduction; A. The Current Situation from a Competition Law Perspective; B. The Current Situation from a Public Procurement Law Perspective; C. Overall Perspective; II. General Approach to the Interrelationship between Competition and Public Procurement Law; III. Aim of the Study.
IV. Structure of the Study and General OverviewA. General Overview; B. Foundations and Principles: On the Economic and Legal Basics of Public Procurement and Competition Law; C. General Part: Public Procurement Viewed from a Competition Perspective, and Competition Elements of Public Procurement Rules-The Building Blocks of the Framework for the Competition Analysis of Public Procurement; D. Special Part: Operationalisation of the General Framework through Current Public Procurement Rules-Proposals for the Further Development of a More Pro-Competitive Public Procurement System.
E. General ConclusionsV. Methodology: An Eclectic and Heuristic Multi-Disciplinary and Functional Approach to EU Law; VI. Normative Assumptions; VII. Delimitation of the Study: Exclusions and Limitations; A. Exclusions from the Object of Study; B. Limitations on the Sources Used in the Study; Part Two: Foundations and Principles: The Economic and Legal Basics of Public Procurement and Competition Law; 2 An Economic Approach to Public Procurement and Competition; I. Introduction; II. Types of 'Public Procurement Markets'; A. The Limitations of the 'Public Market' Paradigm.
B. A More Detailed Taxonomy of 'Public Procurement Markets'i. The 'Regulatory Situation' of Public Procurement Markets; ii. The Relative Importance of the Public Buyer in the Market: Exclusive, Dependent, Commercial and Private Markets; iii. Temporal Considerations of Relevance for Public Procurement Markets; iv. Relevance of the Geographic Dimension of the Market; v. Other Considerations: 'Prescriptive Role' of Public Procurement and 'Adjacent' Markets; C. Preliminary Conclusion as Regards the Proposed Taxonomy of Public Procurement Markets; III. Economic Dimensions of Public Procurement.
A. Public Procurement as a Public Investment/Public Expense ToolB. Public Procurement as a 'Working' Tool for the Public Sector; C. Public Procurement as a Tool of 'Sectoral' Regulation; IV. The Role of Public Authorities as Purchasing and Contracting Authorities; A. Public Buyers as Agents; B. Public Buyers as Gatekeepers; C. Public Buyers as Market-Makers; V. Public Procurement as a Market Failure: Difficulties in Recreating a Competitive Scenario and Competition-Restricting Effects; A. Public Procurement as a Market-Like Regulatory Instrument.