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Competitive Selection of Undertakings and State Aid: Why and When Does It Not Eliminate Advantage?

Phedon Nicolaides, Ioana Eleonora Rusu


I. Introduction This paper is motivated by the observation that in some cases, the competitive selection of undertakings carried out according to procedures of EU public procurement directives is deemed not to involve State aid, while in some other apparently similar cases, competitive selection does involve State aid. A substantial literature has examined the relationship between public procurement rules and State aid rules.1 The literature analyses


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