Optimizing Public Interests through Competitive Tendering
Concept, Context and Challenges

A legal perspective on the achievement of public interests through competitive tendering of public contracts, authorisations, subsidies and public assets.

Chris Jansen (Edited by), Frank van Ommeren (Edited by), Johan Wolswinkel (Edited by), Sue Arrowsmith (Edited by)

9781009443777, Cambridge University Press

Hardback, published 17 April 2025

451 pages
22.9 x 15.2 x 2.5 cm, 0.837 kg

'Strategic objectives such as the consideration of sustainability, innovation, or social aspects have increasingly shaped public procurement law for decades. However, a coherent, comprehensive legal framework has been lacking, not only in recent years. This book presents the legal aspects of pursuing these strategic objectives through competitive procedures.' Monatsinfo

Governments are increasingly trying to achieve a variety of public interests through competitive tendering of public contracts, authorisations, subsidies as well as public assets. Over the past decades, domestic and EU law has developed for these 'limited rights' at different speed and is extremely fragmented: there is no coherent legal framework. This book provides information on the legal aspects of competitive allocation of all types of limited rights on the basis of an overarching perspective. It explains the impact of the legal framework on the ability of governments to achieve the public interests they pursue through competitive tendering. The book is relevant for domestic and EU public authorities, legislators, courts of law, as well as academics. It discusses and connects in a consistent manner, legal questions arising in the framework of competitive allocation of public contracts, authorisations, subsidies and public assets.

1. Optimizing public interests through competitive tendering: connecting limited rights Johan Wolswinkel, Chris Jansen and Frank van Ommeren
Part I. Characterising Limited Rights: 2. Public procurement Sue Arrowsmith
3. Licensing Ferdinand Wollenschläger
4. Subsidising Jacobine van den Brink
5. Government sales and privatisations Roberto Caranta and Benedetta Biancardi
Part II. Connecting Limited Rights: 6. Limited rights: scope of application Steven van Garsse and Ilenia Vandorpe
7. Balancing public interests through limitation, allocation and execution of limited rights Johan Wolswinkel
8. European Union law and granting limited rights to provide services of general interest: what role for national law? Johan van de Gronden
9. The transparent allocation of limited rights: what types of transparency promote public interests? Anoeska Buijze
10. Regulating competitive tendering of limited rights: principle-based, rule-based, and integrated approaches Chris Jansen, Rianne Jacobs and Frank van Ommeren.

Subject Areas: Company, commercial & competition law [LNC]