PUBLIC PROCUREMENT IN THE EUROPEAN UNION: THE COMPULSORY SUBMISSION OF PUBLIC PROCUREMENT REGULATION AND PRACTICE TO COMPETITION IN ORDER TO ENSURE THE ACHIEVEMENT OF THE PUBLIC PROCUREMENT SINGLE MARKET

The achievement of the Public Procurement Single Market is tantamount to submitting both the regulatory activity and the contractual practice of public administration to the principle of competition; otherwise, it will be impossible to guarantee an EU-wide level-playing field for all European economic operators, where no-one would end up being immerse in a scenario characterized by protectionist tendencies in the hands of Member States. The aim of this study is therefore to analyze to what extent it is necessary to reevaluate the State Action Doctrine in order to submit anti-competitive measures, taken within either the public procurement regulatory activity or the contractual practice itself, to EU Competition law or, when necessary, to EU Competition policy concerns. We conclude that, if the attainment of the Public Procurement Single Market is to be ensured, it is imperative that the competition rules are applicable to assess the anti-competitive effects of any activity carried out by a public body in the field of public procurement.