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Public Procurement and Framework Agreements

Public Procurement and Framework Agreements


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About the Book

Public Procurement and Framework Agreements identifies, analyzes, clarifies and discusses the implications of the interplay between competition law and procurement law concerning framework agreements. The two sets of rules – competition law and procurement law – differ significantly as regards objectives, instruments, and structures, and furthermore, competition law is directed primarily at private undertakings, whereas procurement law primarily is directed at the Member States and their public entities. Thus, the application of competition law to a framework agreement - a procurement law contract - is complex. On this basis, the logical question is: Why should competition rules be applied? The answer is simple: Because Central Purchasing Bodies (CPBs) acting as intermediaries are undertakings. The book shows how this conclusion is reached and which competition law infringements CPBs must be aware of. Public Procurement and Framework Agreements is based on the author’s PhD thesis.

Table of Contents:
Acknowledgements Abbreviations List of tables, figures and appendices Part 1 – Introduction and methodology Chapter 1. Introduction and framework Chapter 2. Methodology Part II – Basics of competition law and procurement law Chapter 3. Basics of competition law and procurement law Chapter 4. The principle of competition and consistencies and differences between procurement law and competition law – in the context of objectives and the Internal Market Part III – Framework agreements Chapter 5. Framework agreements Chapter 6. Parties to the framework agreements and organization hereof Chapter 7. Pros and cons of framework agreements Part IV – Can competition law be applied? Chapter 8. Concept of an Undertaking Chapter 9. FENIN Chapter 10. Applicability of competition law to CPBs when establishing the framework agreements Part V – Competition law challenges for CPBs Chapter 11. Market structure and buyer power Chapter 12. Article 101 TFEU – agreements preventing, restricting or distorting competition Chapter 13. Article 102 TFEU – abuse of dominance Part VI – Conclusions Chapter 14. Conclusions Summary (English) Summary (Danish) Bibliography Appendices


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Product Details
  • ISBN-13: 9788757442649
  • Publisher: Djofpublishing
  • Publisher Imprint: DJOFPublishing
  • No of Pages: 473
  • ISBN-10: 8757442649
  • Publisher Date: 31 Oct 2018
  • Binding: Paperback

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