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New paper on competitors and procurement regulation — in reminiscence of Professor Steen Treumer — Easy methods to Crack a Nut

Final 12 months introduced the saddest information with the passing of Professor Steen Treumer after a protracted sickness. Steen was a procurement colossus and a improbable educational. I used to be extraordinarily fortunate to rely him amongst my mentors and champions, particularly on the very early levels of my analysis and educational profession, earlier than he needed to take a step again to concentrate on his well being. I’m significantly grateful to him for having opened the door of the European Procurement Legislation Group to me. And for his generosity in offering suggestions, job and promotion references, and considerate and intelligent recommendation with out ever asking for or anticipating something in return.

It’s nigh inconceivable to do justice to the mental contribution Steen made to the procurement discipline and the affect his strategy had on the analysis of others similar to myself. It’s now a humbling honour to have been invited to contribute to an edited assortment in his reminiscence (a Mindeskrift). If he might learn my contribution, I’m not certain Steen would agree with what I say within the paper, however we will surely have an attention-grabbing and stimulating dialogue on the idea of the sharp feedback (even some satan’s advocate ones) he would certainly give you. I hope you will discover the contribution value discussing too.

In all probability unsurprisingly, the paper is entitled ‘Competitors and procurement regulation: a objective, a precept, a requirement, or all the above?’ and its summary is beneath. Within the paper, I exploit the background of current developments in UK and EU case legislation, in addition to the UK’s procurement rulebook reform course of, to reframe the problem of the function of competitors in procurement regulation. Whereas I don’t present any insights I had not already developed in earlier writing, I convey some scattered components of my scholarship collectively and hopefully make clear a couple of issues alongside the best way. The paper could also be significantly attention-grabbing to these in search of an entry level to the dialogue on the function of competitors in public procurement, however hopefully there may be additionally one thing for these already nicely versed on the subject. As all the time, feedback most welcome: a.sanchez-graells@bristol.ac.uk.

On this contribution, I replicate on the function of competitors in public procurement regulation and, extra particularly, on whether or not competitors must be handled as a regulatory objective, as a basic precept of public procurement legislation, as a selected (implicit or specific) requirement in discrete authorized provisions, or all the above. This is a matter I had the pleasure and honour of discussing with Professor Steen Treumer again in 2009, after I was a PhD scholar visiting the Copenhagen Enterprise Faculty. Whereas Steen by no means revealed to me what he actually thought, his probing questions proceed to assist me consider this subject, which stays on the core of my analysis efforts. This contribution exhibits that the function of competitors retains cropping up in procurement regulation and litigation, as evidenced in current UK developments. That is thus an evergreen analysis subject, which had been Steen’s favourites.

The total quotation is: Sanchez-Graells, Albert, ‘Competitors and procurement regulation: a objective, a precept, a requirement, or all the above?’, to be printed in Steen Treumer’s Mindeskrift edited by Carina Risvig Hamer, Erik Bertelsen, Marta Andhov, and Roberto Caranta (Ex Tuto Publishing, forthcoming 2022). Accessible at SSRN: https://ssrn.com/summary=4012022.

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