Distortions of Competition Generated by the Public (Power) Buyer: A Perceived Gap in EC Competition Law and Proposals to Bridge It

Abstract

This paper focuses on the treatment of public procurement activities under EC competition law. After briefly outlining the competition economics of public procurement, the paper shows the perceived shortcomings of current EC competition rules and case-law to effectively tackle publicly-generated restrictions and distortions of market competition, and advances possible amendments to case-law and doctrine that aim towards the development of a more competition-oriented public procurement system.

Keywords: competition, public procurement, monopsony, buyer power, undertaking, economic activity, State action doctrine, more economic approach

JEL Classification: K21, K23, K39