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The Protection of Competition between National Law and EU Law: The Main Features in Public Contracts

In: Public Management and Administration

Author

Listed:
  • Ida DAmbrosio

Abstract

This article provides a general analysis of competition law and then focuses on competition-related issues within public contracts. First and foremost, the article tries to highlight the economic grounds that led to the introduction of laws to protect competition, as a functional tool for production efficiency. After a critical analysis of national and EU regulations on competition, the article analyses the relation between competition and public contracts, by making a distinction between a "micro" and a "macro" view of competition. The article aims at highlighting the main features of the code of public contracts, focusing also on the relation between two different principles: the protection of EU competition, on the one side, and the power of member states to determine their internal organisation, on the other side. The article also aims at understanding to what extent can the European Union protect free competition without affecting the organisational freedom of its member states.

Suggested Citation

  • Ida DAmbrosio, 2018. "The Protection of Competition between National Law and EU Law: The Main Features in Public Contracts," Chapters, in: Ubaldo Comite (ed.), Public Management and Administration, IntechOpen.
    • Handle: RePEc:ito:pchaps:148137
    DOI: 10.5772/intechopen.76411
    as

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    File URL: https://www.intechopen.com/chapters/61781
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    More about this item

    Keywords

    competition; antitrust; competition law; public contracts; antitrust legislation;
    All these keywords.

    JEL classification:

    • M10 - Business Administration and Business Economics; Marketing; Accounting; Personnel Economics - - Business Administration - - - General

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