The Protection of Competition between National Law and EU Law: The Main Features in Public Contracts

Abstract

This article provides a general analysis of competition law and then focuses on competi- tion-related issues within public contracts. First and foremost, the article tries to highlight the economic grounds that led to the introduction of laws to protect competition, as a functional tool for production efficiency. After a critical analysis of national and EU regu lations on competition, the article analyses the relation between competition and public contracts, by making a distinction between a “micro” and a “macro” view of competition. The article aims at highlighting the main features of the code of public contracts, focusing also on the relation between two different principles: the protection of EU competition, on the one side, and the power of member states to determine their internal organisation, on the other side. The article also aims at understanding to what extent can the European Union protect free competition without affecting the organisational freedom of its mem - ber states.