Impact of Public Procurement Aggregation on Competition: Risks, Rationale and Justification for the Rules in Directive 2014/24

Albert Sanchez Graells, Ignacio Herrera Anchustegui

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Abstract

This paper assesses the risks, rationale and justification for the rules on centralisation and aggregation of public procurement in Directive 2014/24. The paper explores the justifications advanced for the aggregation of purchasing and the countervailing risks it generates. In both cases, it focuses in economic and administrative aspects. It then proceeds to a summary overview of the new rules for the aggregation of public procurement in Directive 2014/24, and emphasised how the Directive is expressly recognising possibilities that clearly exceed the more modest approach in Directive 2004/18. Moving on, it then focusses on the potential justification for certain activities now permitted by the 2014 rules, and engages in a critical assessment of their competitive impact. The paper briefly highlights the far-reaching and not necessarily positive implications that a maximisation of the centralisation and aggregation possibilities under Directive 2014/24 could have, and proposes that strict competition law enforcement will be necessary to avoid undesired consequences. Some suggestions for further research are provided by way of conclusions.
Original languageEnglish
Title of host publicationCentralización de compras públicas
EditorsR Fernandez, P Valcarcel
Place of PublicationMadrid
PublisherCivitas-Thomson Reuters
Pages129-163
Number of pages35
DOIs
Publication statusPublished - 2016

Keywords

  • Public procurement
  • competition
  • centralisation
  • aggregation
  • central purchasing bodies
  • economies of scale
  • professionalization
  • services of general economic interest
  • state aid
  • modernisation
  • Directive 2014/24

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