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The Legal Basis Which Will (Probably) Never Be Used: Enforcement of State Aid Law in a Public Procurement Context


This article analyses the provision in the Public Procurement Directive providing for the possibility to reject tenders as “abnormally low” when the tender is tainted by illegal State aid. Due to developments in public procurement case law and generally in the Member States, where liberalisation leads to situations where public tenderers tender in competition with private tenderers, there is an obvious need to control the use of illegal State aid to secure public contrac


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