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Omslag Public Procurement and Framework Agreements (1st Ed.)

Public Procurement and Framework Agreements (1st Ed.)

– the application of competition law to contracting authorities in a procurement context

Dorthe Kristensen Balshøj

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.

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Chapter 5. Framework agreements

(Page 89 – 130)

Dorthe Kristensen Balshøj

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.

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Chapter 7. Pros and cons of framework agreements

(Page 153 – 180)

Dorthe Kristensen Balshøj

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.

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Chapter 3. Basics of competition law and procurement law

(Page 45 – 66)

Dorthe Kristensen Balshøj

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.

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Chapter 6. Parties to the framework agreements and organization hereof

(Page 131 – 152)

Dorthe Kristensen Balshøj

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.

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List of tables, figures and appendices

Dorthe Kristensen Balshøj

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.

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Abbreviations

Dorthe Kristensen Balshøj

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.

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Introduction to Part IV

Dorthe Kristensen Balshøj

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.

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Chapter 9. FENIN

(Page 215 – 264)

Dorthe Kristensen Balshøj

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.

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Chapter 12. Article 101 TFEU – agreements preventing, restricting or distorting competition

(Page 335 – 378)

Dorthe Kristensen Balshøj

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.