Public Procurement and the EU Competition Rules

Albert Sánchez Graells

Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market.

This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective.

Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.

“On the whole, this second edition of Public Procurement and the EU Competition Rules constitutes an excellent and vastly updated piece of scholarship, shedding light and raising controversy in the field of procurement law, which will constitute a work of reference and criticism in the years to come.” – Ignacio Herrera Anchustegui, European Competition Law Review

“...a vitally important book on procurement law.” – Christopher R. Yukins and Lieutenant Colonel Jose A. Cora,

“...provides a fresh perspective [and] remains a powerfully argued piece of scholarship which is certain to influence the academic debates further.” – John Townsend, Modern Law Review

“Graell’s book provides an extensive analysis of the variety of ways that public procurement closely interacts with competition laws and policies...Graell’s book offers a comprehensive insight into EU public procurement and competition laws and policies...the book is researched, argued and presented to a very high standard...Throughout the book, Graell’s analysis is focused and disciplined ; the economic and legal building blocks to his argument are set out meticulously. Thus Graells puts forward an essential and original dimension to the public procurement debate that is simultaneously theoretical and practical.” – Kamala Dawar, Legal Issues of Economic Integration

“...a daring legal policy analysis founded on economic theory and resulting in a number of recommendations for amendment of the public procurement rules/practices...the book is very well written and the reference list is impressive (which in itself makes the book worth reading). I warmly recommend every scholar, with some knowledge of economic theory, interested in the fields of competition and public procurement law to indulge in this book : it is a very welcome contribution to the debate on the interaction between public procurement law and competition law.” – Grith Skovgaard Ølykke, Common Market Law Review

“... the question of the relationship between public procurement law and competition law of the European Union is not one to have excessively mobilized researchers and doctrine ... It therefore seems that the work of Mr. Sánchez Graells [...] will help fill a gap...At a time when the Commission is embarking on a process of modernization of the EU policy on public procurement [...] Albert Sánchez Graells’ book will help and contribute to this reflection.” – Stéphane Rodrigues, Concurrences

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  • University of Paris I Panthéon-Sorbonne


Stéphane Rodrigues, Public Procurement and the EU Competition Rules, mai 2011, Concurrences N° 2-2011, Art. N° 36170, p. 246

Éditeur Hart Publishing

Date 1er janvier 2011

Nombre de pages 480

Visites 1117

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