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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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Rammeaftaler: Hvad er ordregivers retsstilling, når den højeste anslåede værdi af samtlige kontrakter er nået? – en vurdering heraf på baggrund af sag C-216/17, ASST Vallecamonica – Sebino m.fl. (3. 2019 side 38)

Dorthe Kristensen Balshøj

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Anvendelsen af loyalitetsaktier i Danmark

Dorthe Kristensen Balshøj

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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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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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Chapter 1. Introduction and framework

(Page 19 – 26)

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 2. Methodology

(Page 27 – 40)

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 II

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 4. The principle of competition and consistencies and differences between procurement law and competition law – in the context of objectives and the Internal Market

(Page 67 – 84)

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.