Cooperation between economic operators in tendering

Kirsi-Maria Magga and Kris Wauters

Chapter 5 in Reforming EU Public Procurement, 2026, pp 54-68 from Edward Elgar Publishing

Abstract: This chapter explores the legal and practical dimensions of cooperation between economic operators in public procurement, focusing on both horizontal and vertical forms of collaboration. It examines the motivations behind joint bidding and analyzes the legislative framework provided by Directive 2014/24/EU and relevant CJEU case law. The chapter highlights the tension between public procurement and competition law, emphasizing the need for clearer rules that balance market access with fair competition. It proposes structural reforms to streamline cooperation rules, align legal treatment across cooperation types, and incorporate strategic considerations such as sustainability and security. Ultimately, the chapter advocates for a more coherent and transparent regulatory approach that supports effective cooperation while safeguarding public interest objectives.

Keywords: Cooperation; Competition; Transparency; Horizontal and vertical collaboration; Joint bidding; Sustainability (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035368266
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781035368273.00012 (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:24876_5

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Jack Sweeney ().