CASE COMMENTS: PUBLIC SECTOR - PUBLIC PROCUREMENT - CONCESSION SCHEMES - GENERAL PRINCIPLES - EXCLUSIVITY OF THE CONCESSIONNAIRE :

Concession schemes: The Council of State clearly rules out a general principle of the concessionaires’s exclusivity (SPS Tarbes)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CE, 10 October 2007, Société SPS Tarbes, n° 255213 The Conseil d'État clearly states that there is no general principle of concession law consisting in the exclusivity of the concessionaire. The administrative judge apprehends infringements of competition law in contractual matters mainly at the time of the conclusion of the contract. Indeed, the contractual act or its detachable elements must respect the imperatives linked to competition. The decision of the Council of State dated 10 October 2007, which is commented on here, is undoubtedly a further step in the consideration of the competition rule in contractual matters. In this case, the Conseil d'État

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Bertrand du Marais, Jean-Mathieu Glatt, Concession schemes: The Council of State clearly rules out a general principle of the concessionaires’s exclusivity (SPS Tarbes), 30 January 2008, Concurrences N° 1-2008, Art. N° 15352, pp. 201-202

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