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Sanchez-Graells, Albert --- "Transparency and competition in public procurement: a comparative view on their difficult balance" [2019] ELECD 1357; in Halonen, Kirsi-Maria; Caranta, Roberto; Sanchez-Graells, Albert (eds), "Transparency in EU Procurements" (Edward Elgar Publishing, 2019) 33

Book Title: Transparency in EU Procurements

Editor(s): Halonen, Kirsi-Maria; Caranta, Roberto; Sanchez-Graells, Albert

Publisher: Edward Elgar Publishing

Section: Chapter 3

Section Title: Transparency and competition in public procurement: a comparative view on their difficult balance

Author(s): Sanchez-Graells, Albert

Number of pages: 24

Abstract/Description:

This chapter provides some comparative reflections on the need for public procurement systems to reach an adequate balance between their transparency requirements and the risks of collusion among tenderers, or bid rigging. The chapter concentrates, in particular, on the domestic transposition of the EU rules in nine selected jurisdictions. It places the domestic systems in a spectrum that goes from ‘transparency-first’ to ‘competition-first’ systems. The chapter also offers some comparative reflections concerning the substantive balance achieved in different jurisdictions, as well as on the diverging institutional arrangements adopted in these nine EU member states.