Open AccessIndependence of bids in public procurement
Author(s) -
Katarína Kalesná
Publication year - 2019
Publication title -
bratislava law review
Language(s) - English
Resource type - Journals
eISSN - 2644-6359
pISSN - 2585-7088
DOI - 10.46282/blr.2019.3.2.148
Subject(s) - procurement , judgement , competition (biology) , independence (probability theory) , competition law , diversity (politics) , law and economics , business , point (geometry) , law , public economics , economics , political science , market economy , marketing , monopoly , ecology , statistics , geometry , mathematics , biology
The article compares the different approach of two bodies of economic regulation – EU competition law and public procurement law – to the concept of undertaking reflecting diverse goals both regulations follow. It starts with general characteristics of competition law and public procurement law, especially as far as their mutual relationship is concerned. In spite of many common goals and important intersections, there are also conflicting issues between them. And concept of undertaking is a topic where the point of view of both blocks of regulation differs. This diversity and its reasons are analysed on the background of the CJ EU judgement in case C-531/16.