Public Procurement and Framework Agreements

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.