Please use this identifier to cite or link to this item: http://hdl.handle.net/2381/29334
Title: The difficult balance between transparency and competition in public procurement: some recent trends in the case law of the European Courts and a look at the new directives
Authors: Sanchez Graells, Albert
First Published: 1-Nov-2013
Publisher: University of Leicester School of Law
Citation: University of Leicester School of Law Research Papers, 2013, 13 (11)
Abstract: This paper stresses the negative impact that the excessive levels of transparency imposed by public procurement rules can have on competition for public contracts and, more generally, on the likelihood of cartelisation of the markets where public procurement takes place. The paper critically assesses some recent Judgments of the Court of Justice of the European Union and the General Court from this perspective and shows how the top EU Courts are still oblivious to the fact that excessive transparency may diminish the effectiveness of procurement by reducing competition. It also indicates that the case law itself has unused balancing tools that may help reduce the negative impact of excessive transparency, particularly if coupled with a reduction of the financial incentives offered to litigants that have no other claim than a 'mere' lack of compliance with full transparency. The paper concludes that a reform in the enforcement and oversight mechanisms oriented towards the setting up of a semi-opaque review system would overcome some of the deficiencies identified in the current case law from a law and economics perspective.
Series/Report no.: University of Leicester School of Law Legal Studies Research Paper Series;
Links: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2353005
http://hdl.handle.net/2381/29334
Version: Pre-print
Type: Report
Rights: This text may be downloaded for personal research purposes only. Any additional reproduction for other purposes, whether in hard copy or electronically, requires the consent of the author(s). If cited or quoted, reference should be made to the following: A. Sanchez Graells, The difficult balance between transparency and competition in public procurement: Some recent trends in the case law of the European Courts and a look at the new Directives, University of Leicester School of Law Research Paper No. 13-11. © 2013 Albert Sanchez-Graells University of Leicester School of Law Legal Studies Research Paper Series
Appears in Collections:Reports, School of Law

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