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On Competition, Free Movement and Procurement

Irgita’s Public Cooperation Conundrum

Willem Janssen, Erik Olsson


Keywords: Public cooperation, Procurement, Free movement, Competition

Competition, free movement and procurement are interrelated concepts that have long influenced the discretionary power of public authorities in the European Union to provide services through cooperation with other authorities. This contribution delves into this important issue, which should regain new attention because of the Irgita case before the CJEU. This case has seemingly created a legal conundrum for public cooperation and framework agreements. The discussion in this contribution brings to light the broad implications of this judgement for these two types of cooperation, and poses the question if the influence of EU public procurement law has made it (nearly) impossible to cooperate accordingly in the future.
Keywords: Public cooperation; Procurement; Free movement; Competition.

Willem A. Janssen, PhD, LL.M. is assistant professor, Public Procurement Research Centre (PPRC) & Utrecht Centre for Regulation & Enforcement (RENFORCE) at Utrecht University’s Law School, and Erik Olsson LL.M., is an Attorney and Partner at Advokatfirman Kahn Pedersen in Sweden, specializing in public procurement law. The authors are grateful for discussions on this topic with Albert Sanchez-Graells, Matthijs Mutsaers and Greetje Fimerus.


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