THE LEGAL SYSTEM GOVERNING PUBLIC PROCUREMENT PLATFORMS IN SPAIN, WITH PARTICULAR REGARD TO CONFLICTS OF POWERS AND THEIR IMPACT ON COMPETITION LAW

This article provides a detailed analysis of the room for manoeuvre offered and limits imposed by current Spanish legislation with regard to public e-procurement platforms, from two main standpoints: the distribution of powers between Spain's public administrations and the market for private e-procurement service providers. With regard to the former issue, it concludes that, following a number of judgements issued by Spain's Constitutional Court, it must be understood that there is great room for the creation and development of such platforms by regional and local Administration. Turning to the latter, an analysis of European jurisprudence lays the foundation for arguing that the Spanish legal framework for procurement platforms does not entail any infringement of public procurement law or European competition law.