Joint Tendering in the European Economic Area

2020 ◽  
Vol 20 (1) ◽  
pp. 201-219
Author(s):  
Michal Petr
Keyword(s):  
Public Procurement ◽  
Competition Law ◽  
Case Law ◽  
European Economic Area ◽  
European Economic ◽  
Current State ◽  
Economic Area ◽  
Future Practice ◽  
The Eu ◽  
Do So

SummaryThe EU regulation of public procurement strives to create a set of rules that would enable the contracting authority to choose the best bid. In order to do so, it also tries to widen the circle of potential bidders by enabling their horizontal (consortia) as well as vertical (subcontracting) cooperation. Such cooperation may enable the participation of undertakings that would not be otherwise in position to bid on their own, thus increasing the number of bidders and promoting competition among them. At the same time, such arrangements may be contrary to competition law which prohibits coordination of competitors. Joint tendering is ubiquitous within the European Economic Area, and yet the case-law on its compliance with competition law is strikingly divergent. This article provides an overview of the current state of play and some suggestions for future practice.

European Union Public Procurement Remedies Regimes

2012 ◽  
pp. 162-184
Author(s):  
Kai Krüger
Keyword(s):  
European Union ◽  
Public Procurement ◽  
European Economic Area ◽  
European Economic ◽  
Eu Member States ◽  
Eu Directive ◽  
Court Of Justice ◽  
Economic Area ◽  
Set Up ◽  
The Eu

The chapter explores the Nordic statutory EU-based remedy regimes. Due to the European Economic Area (EEA) agreement, the EU commitments do not vary between EU member states, Denmark, Finland, and Sweden and (non-members) Norway and Iceland. The legislation on procurement remedies is assumed to be EU/EEA compliant. There are however material differences in the set up for handling disputes and complaints—also subsequent to the 2010-2012 Nordic adaptation of EU Directive 2007/66/EC on enhanced procurement remedies. The pending issue is whether the EU “sufficiently serious breach” principle on treaty infringements applies on liability for procurement flaws. Loss of contract damage has been awarded in all Nordic countries, whereas cases on negative interest (costs in preparing futile tender bids) seem more favorable to plaintiffs. Per mid-2012, there are no Nordic rulings on the effect of the recent somewhat ambiguous EU Court of Justice Strabag and Spijkers 2010 rulings.

2. Overview of EU and UK competition law

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
European Economic Area ◽  
Member States ◽  
European Economic ◽  
Economic Area ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Competition Laws ◽  
The Relationship ◽  
The Eu

This chapter provides a brief overview of EU and UK competition law and the institutions involved in formulating, interpreting and applying competition law. It also explains the relationship between EU competition law and the domestic competition laws of the Member States, in particular in the light of Article 3 of Regulation 1/2003. The rules of the European Economic Area are briefly referred to, and the trend on the part of Member States to adopt domestic competition rules modelled on those in the EU is also noted. Three diagrams at the end of the chapter explain the institutional structure of EU and UK competition law.

2. Overview of EU and UK competition law

2021 ◽  
pp. 49-82
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
European Economic Area ◽  
Member States ◽  
European Economic ◽  
Economic Area ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Competition Laws ◽  
The Relationship ◽  
The Eu

This chapter provides a brief overview of EU and UK competition law and the institutions involved in formulating, interpreting and applying competition law in those jurisdictions. It also explains the relationship between EU competition law and the domestic competition laws of the Member States, in particular in the light of Article 3 of Regulation 1/2003. The rules of the European Economic Area are briefly referred to, and the trend on the part of Member States to adopt domestic competition rules modelled on those in the EU is also noted. Three diagrams at the end of the chapter explain the institutional structure of EU and UK competition law.

Examining year-end spending spikes in the European Economic Area: a comparative study of procurement contracts

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Clifford P. McCue ◽  
Eric Prier ◽  
Ryan J. Lofaro
Keyword(s):  
Comparative Study ◽  
Design Methodology ◽  
Public Procurement ◽  
Fourth Quarter ◽  
European Economic Area ◽  
Content Type ◽  
European Economic ◽  
Economic Area ◽  
Contract Type ◽  
Procurement Contracts

PurposeThe purpose of this study is to analyze year-end spending practices in the European Economic Area (EEA) to baseline the pervasiveness of year-end spending spikes across countries in Europe.Design/methodology/approachThe Tenders Electronic Daily dataset is used to descriptively analyze above-threshold procurement contracts by country, year and contract type from 2009 to 2018. Proportional distributions are employed to compare percentages of spend across quarters. Analyses are run within each country on the number of years displaying a fourth quarter spike, as well as within each country and contract type.FindingsThe results show that while spending spikes for above-threshold contracts in the final fiscal quarter are not consistent across all countries, patterns emerge when the data are disaggregated by country. The most populous nations in the EEA are more likely to have years with the highest proportion of fiscal spend occurring in the fourth quarter. Further, the type of contract makes a difference – services and supplies contracts are more likely to display fourth quarter spikes than works contracts.Originality/valueThis article provides the first analysis of the year-end spending spike across countries in Europe using procurement data, as well as the first to disaggregate by year and contract type. Findings support the literature on the presence of year-end spikes; such spikes exist even for above-threshold public procurement contracts.

scholarly journals Risk of hospitalization and risk of death for healthcare workers with COVID-19 in nine European Union/European Economic Area countries, January 2020–January 2021

2021 ◽  
Author(s):  
Lisa Ferland ◽  
Joana Gomes Dias ◽  
Carlos Carvalho ◽  
Cornelia Adlhoch ◽  
Carl Suetens ◽  
...  
Keyword(s):  
European Union ◽  
Healthcare Workers ◽  
European Economic Area ◽  
European Economic ◽  
Adjusted Risk ◽  
Risk Of Death ◽  
Economic Area ◽  
The Impact ◽  
The Eu

AbstractWe assessed the impact of COVID-19 on healthcare workers (HCWs) from data on 2.9 million cases reported from nine countries in the EU/EEA. Compared to non-HCWs, HCWs had a higher adjusted risk of hospitalization (IRR 3.0 [95% CI 2.2-4.0]), but not death (IRR 0.9, 95% CI 0.4-2.0).Article Summary LineHealthcare workers are hospitalized more frequently than non-healthcare workers when adjusting for age, sex, and comorbidities.

scholarly journals Die EU und ihre Nachbarschaftsbeziehungen: etablierte Assoziierungsmodelle und neue Grundformen

IG ◽  
2019 ◽  
Vol 42 (2) ◽  
pp. 83-96 ◽  
Author(s):  
Barbara Lippert
Keyword(s):  
European Union ◽  
European Economic Area ◽  
The European Union ◽  
European Economic ◽  
Economic Area ◽  
The Creation ◽  
The Eu

In this article, the author presents established models of association of the European Union (EU) with European third countries. She shows their different strategic perspectives, outlines benefits and problems, and examines the potential for developing these relations. Basically, these can go in the direction of expanding or dismantling partial sectoral integration. In addition, new basic forms of EU neighbourhood relations are discussed: the introduction of a new status of partial membership in the EU and - inspired by the European Economic Area - the creation of a European political and economic area.

scholarly journals Surveillance perspective on Lyme borreliosis across the European Union and European Economic Area

2017 ◽  
Vol 22 (27) ◽  
Author(s):  
Cees C van den Wijngaard ◽  
Agnetha Hofhuis ◽  
Mariana Simões ◽  
Ente Rood ◽  
Wilfrid van Pelt ◽  
...  
Keyword(s):  
European Union ◽  
Lyme Borreliosis ◽  
Erythema Migrans ◽  
Case Definition ◽  
European Economic Area ◽  
The European Union ◽  
European Economic ◽  
Key Indicator ◽  
Economic Area ◽  
The Eu

Lyme borreliosis (LB) is the most prevalent tick-borne disease in Europe. Erythema migrans (EM), an early, localised skin rash, is its most common presentation. Dissemination of the bacteria can lead to more severe manifestations including skin, neurological, cardiac, musculoskeletal and ocular manifestations. Comparison of LB incidence rates in the European Union (EU)/European Economic Area (EEA) and Balkan countries are difficult in the absence of standardised surveillance and reporting procedures. We explored six surveillance scenarios for LB surveillance in the EU/EEA, based on the following key indicators: (i) erythema migrans, (ii) neuroborreliosis, (iii) all human LB manifestations, (iv) seroprevalence, (v) tick bites, and (vi) infected ticks and reservoir hosts. In our opinion, neuroborreliosis seems most feasible and useful as the standard key indicator, being one of the most frequent severe LB manifestations, with the possibility of a specific case definition. Additional surveillance with erythema migrans as key indicator would add value to the surveillance of neuroborreliosis and lead to a more complete picture of LB epidemiology in the EU/EEA. The other scenarios have less value as a basis for EU-level surveillance, but can be considered periodically and locally, as they could supply complementary insights.

scholarly journals Potential scenarios for the progression of a COVID-19 epidemic in the European Union and the European Economic Area, March 2020

2020 ◽  
Vol 25 (9) ◽  
Author(s):  
Helen C Johnson ◽  
Céline M Gossner ◽  
Edoardo Colzani ◽  
John Kinsman ◽  
Leonidas Alexakis ◽  
...  
Keyword(s):  
European Union ◽  
Severe Acute Respiratory Syndrome ◽  
European Economic Area ◽  
The European Union ◽  
European Economic ◽  
Economic Area ◽  
Community Transmission ◽  
Transmission Phase ◽  
The Eu

Two months after the emergence of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the possibility of established and widespread community transmission in the European Union and European Economic Area (EU/EEA) is becoming more likely. We provide scenarios for use in preparedness for a possible widespread epidemic. The EU/EEA is moving towards the ‘limited sustained transmission’ phase. We propose actions to prepare for potential mitigation phases and coordinate efforts to protect the health of citizens.

scholarly journals It’s a small, small, small world: The Icesave dispute and global orders of difference

2020 ◽  
Vol 38 (7-8) ◽  
pp. 1291-1307
Author(s):  
Jess Bier
Keyword(s):  
Small World ◽  
Economic Systems ◽  
European Economic Area ◽  
The European Union ◽  
Global Finance ◽  
European Economic ◽  
Economic Area ◽  
Selective Incorporation ◽  
The Uk ◽  
Do So

Drawing on Roy and Ong’s work on worlding, this article introduces the concept of orders of difference to analyze the selective incorporation of the nation-state into supranational political and economic systems. I argue that attending to orders of difference is necessary to better understand the ways that imagined equality is mobilized to reproduce global injustice. I do so through a combined examination of the liberal globalism of the iconic “It’s a Small World” ride at Disney theme parks and Iceland's role in the Icesave dispute—a key struggle of the 2007–8 financial crisis. The design of the Small World 1 ride effects a form of worlding by ordering differences into those that are similar enough to be permitted and those that are too different to be incorporated. In the process, the ride invokes a small world 2 that precisely encapsulates the more complex globalisms that inform the organizational structure of supranational bodies like the European Union and European Economic Area. Global finance is said to be one of the world’s most seamless supranational systems, but one of its many seams was made visible during the Icesave dispute as two orders of difference came into conflict: European Economic Area membership and Icelandic politics. Representatives of the Netherlands and the UK argued that Iceland’s membership in the European Economic Area meant that Iceland was fully the same as other member nations, while those from Iceland successfully argued that its domestic and international economies were irreducibly different. The dispute thus hinged upon a debate over how differences are ordered within and between nations, including the number of permissible orders and the precise extent to which member nations are or should be made commensurable through supranational geopolitics.

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