Bertrand du Marais is a Conseiller d'Etat (Councillor of State), a member of the French highest court of appeal for judicial review and for the adjudication of all cases involving public agencies). He is currently seconded to the Université of Paris West at Nanterre as Professor for Public Utility and Regulation Law and Law and Economics. He is the co-director of the Law and Economics Masters there. Prior to this assignment, Bertrand du MARAIS has founded and managed between 2005 and 2007 the international think tank “The Economic Attractiveness of Law Program” (Programme Attractivité économique du droit), carrying out comparative researches on the interactions between Law and Economics and economic impact assessment of Law. He also has been invited as a Lecturer or Visiting Professor of Public Economic Law by leading international universities (i.e. Berkeley Haas Business School, Université de Montréal, Seoul National University). Bertrand du Marais is the author of numerous articles in the field of Utility Regulation and Competition Law, Law & Economics, Environmental Law, Administrative Procedure, Public Governance and Internet Law. He has published a textbook on Market Regulation and Public Utility Law (Droit public de la régulation économique, Paris, Ed. Presses de Sciences-Po et Dalloz, January 2004, 612 p.), which has been awarded the 2004 Charles Dupin-Medal by the French Academy for Political and Social Sciences. Bertrand du Marais graduated from the Ecole Nationale d'Administration and the Ecole Supérieure des Sciences Economiques et Commerciales - Graduate School of Economics and Management (ESSEC). He speaks fluently French, English and German.
Articles by Bertrand du Marais for e-Competitions / Concurrences
Total number of visits : 106639 (French and English versions)
e-Competitions Bulletin
Concurrences Review
- Nature of public work : The French Conseil d’État rules that power plants belonging to private corporations, when necessary, to secure energy supply, are used for the energy public service and hence, should be included in the public domain (Beligaud ; Electricité de France), Concurrences, N° 3-2010, pp. 174-175 (64 visits)
- Unformal bidding process - Criteria: The French Conseil d’État rules that there is no need to inform the bidders about the evaluation method but that the selection criteria should be public (Collectivité Territoriale de Corse), Concurrences, N° 3-2010, p. 179 (58 visits)
- Institutionnal Public Private Partnership: The French Conseil d’État deems not possible, in a legal opinion contrary to EU Law, to organize a competitive bidding at the stage of the private shareholder’s selection, Concurrences, N° 3-2010, p. 179 (72 visits)
- Exclusive competence of the public accountant : The French State Council confirms the strict monopoly of Treasury accountants to manage public funds thus preventing an external contractor to perceive public income except in the cases where: i) he belongs to the Treasury and has got a specific delegation; ii) he has been granted the specific status of “regisseur de recettes”; or, iii) there exists a specific legislative exception (Prest’action), Concurrences, N° 2-2010, pp. 170-172 (400 visits)
- Contract of delegation of public utility : The French State Council rules that the maximal length of a concession scheme contract should not include the construction period (Commune de Chartres), Concurrences, N° 2-2010, pp. 177-178 (313 visits)
- Public/Private Partnership: The French Constitutional Council partially upholds a bill reforming the PPP 2004 ordinance and gives precision as to the constitutional requirement for public procurement (Public procurement), Concurrences, N° 4-2008, pp. 157-160 (2257 visits)
- Public procurement: The ECJ rules on how to combine the obligation of a competitive bidding and the transfer of the contract, its extension and an unlimited duration clause (Pressetex Nachrichtenagentur GmbH c/ Autriche), Concurrences, N° 4-2008, pp. 154-156 (2671 visits)
- Public procurement: The French Council of State rules that the extension of a contract for self service bicycles over 1.500 meters from the initial scope of the contract (Paris) does not alter the initial contract and then requires no new bidding (Ville de Paris), Concurrences, N° 4-2008, pp. 160-162 (2540 visits)
- Public procurement: A French report proposes measures to ease the use of various public/private partnerships schemes and their economic assessment (Complex public procurement), Concurrences, N° 3-2008, pp. 162-164 (2394 visits)
- Public procurement scope: The French State Council rules that “subsidies” paid by a local government to get vocational training are public procurement contracts when they are paid as counterpart for a service defines by the government, whatever their contractual definition (La Réunion), Concurrences, N° 3-2008, pp. 164-165 (2469 visits)
- Airport fees: The French State Council rules that the airport fees should be equivalent to costs and can be adjusted only according to obvious differences and within an objective limits (Federal Express, Ryanair, Air France), Concurrences, N° 3-2008, pp. 165-167 (2520 visits)
- Labour agreements: The French State Council rules that, while legalizing labour agreements, Government regulation should combine social interest and the development of competition (Société Nouvelle de Remorquage du Havre), Concurrences, N° 3-2008, pp. 167-168 (2493 visits)
- Regulators’ disciplinary power: The French State Council holds corporation, in the case of financial market regulation, liable for fault when its employee causes wrongdoing if the corporation is not able to demonstrate the efficiency of its internal control and countermeasure procedures (Tradition Securities et Futures), Concurrences, N° 3-2008, pp. 169-170 (2513 visits)
- Public procurement: The French State Council rules that it may impose a compensation to enterprises whose agreement have misled the adjudicatory power (Campenon Bernard), Concurrences, N° 2-2008, pp. 181-182 (3214 visits)
- "In house" derogation: The EU Commission issues a notice on the scope of the “in house” derogation and the bidding process as regard institutional PPP ("Institutional public private partnership”), Concurrences, N° 2-2008, p. 174 (3063 visits)
- Concession schemes: The French State Council clearly rules out a general principle of the concessionaires’s exclusivity (SPS Tarbes), Concurrences, N° 1-2008, pp. 201-202 (3356 visits)
- Consumers interest to act against regulators’ decisions: The French State Council acknowledges a general interest to act against regulators’ decision not to intervene (Tinez), Concurrences, N° 1-2008, p. 203 (3044 visits)
- Public procurement: The French Conseil d’État allows third parties to a public procurement contract to challenge the contract itself event after it has been signed, going beyond the 1989 “Recourse” EU Directive (Tropic Travaux), Concurrences, N° 4-2007, pp. 146-148 (3749 visits)
- Public fees/tariff: According to the French State Council, the tariff that public hospitals levy on private activities of medical doctors employed as civil servants can partly be related to a market price (SNDELM), Concurrences, N° 4-2007, pp. 148-150 (3856 visits)
- Public tender: The French State Council rules that no bidding process is necessary for a public body in order to subsidize a non profit organization in charge of operating a public service as long as this service is out of the market (Commune d’Aix en Provence), Concurrences, N° 3-2007, pp. 169-170 (4381 visits)
- Public procurement: The ECJ rules that the French public procurement contract of urban development concession ("concession d’aménagement") is actually a civil works contract under EU Law and must be awarded through a competitive bidding process (Jean Auroux/Commune de Roanne), Concurrences, N° 2-2007, pp. 184-186 (5488 visits)
- Art. 6.1 ECHR: The French State Council is reluctant to extend the application of Art 6.1 ECHR to sanctions decided by all independent agencies (Corsair), Concurrences, N° 2-2007, pp. 186-189 (4521 visits)
- Monopoly: The French State Council clears exclusive right granted to IGN (Syndicat professionnel de la géomatique "IGN"), Concurrences, N° 2-2007, pp. 189-190 (3808 visits)
- Principle of equal treatment: The French State Council applies for an ECJ preliminary rulings and underlines the close relationship between the principle of competition and the principle of equal treatment (Arcelor Atlantique et Lorraine), Concurrences, N° 2-2007, pp. 192-193 (4698 visits)
- Energy liberalization: The French constitutional court rules as contrary to EU Law the power granted to the Government to impose retail tariffs on energy producers even after liberalization (GDF), Concurrences, N° 1-2007, pp. 172-174 (3335 visits)
- Essential facilities: Intellectual property fees may be levied along with a user fee by a public agency operating an essential facility (CEGEDIM) , Concurrences, N° 1-2007, p. 175 (3777 visits)
- Public procurement: The adjudicating power must inform bidders about the reason their proposals have been dismissed (Syndicat des eaux de Charente-Maritime), Concurrences, N° 1-2007, pp. 176-178 (3503 visits)
- A public service concession can be allocated without prior competition if the supplier is entirely owned by the contracting authority (ANAV), Concurrences, N° 3-2006, pp. 163-165 (3706 visits)
- The exclusive rights to assist tax payers to fulfil their fiscal obligations does not relate to the public interest and is not compatible with the Treaty (Giuseppe Calafiori), Concurrences, N° 3-2006, pp. 165-166 (2921 visits)
- The French Conseil d’État uphold the attribution by decree to a public Agency from the ministry of finance the task to assist public agencies preparing, negotiating and monitoring public private partnership contracts (Ordre des avocats au Barreau de Paris), Concurrences, N° 3-2006, pp. 167-166 (4204 visits)
- The French administrative supreme Court rules on alleged abuse of dominant position by way of exclusive right in the social securiy insurance sector (Mutuelle générale des services publics), Concurrences, N° 1-2005, pp. 100-102 (3652 visits)
- Administrative/Public Contracts: According to the ECJ, a "SEM" with a private partner can not benefit of the « in house » procedure (Stadt Halle), Concurrences, N° 3-2005, pp. 143-144 (3911 visits)
- Public services obligations/State Aids: A French court applies the ECJ Altmark case law (Sté Intn. de diffusion et d’édition), Concurrences, N° 3-2005, p. 144 (3428 visits)
- Public/Administrative Contracts: Tow planing contracts are subject to publicity and transparence obligations ("concessions de ZAC") (Sodegis, Law 20 July 2005), Concurrences, N° 3-2005, pp. 145-146 (3571 visits)
- The French State Council strikes down a regime of exclusive state subsidy on the ground of a breach of the equality principle (MGSP), Concurrences, N° 1-2006, p. 206 (3240 visits)
- The French State Council rules that the contracts to procure street equipment are public procurement contracts, even if the public agency does not pay the service to its contractor (Decaux) , Concurrences, N° 1-2006, pp. 203-206 (3449 visits)