Recommendations for Public Supply Functions

In developed countries, public contracting reaches levels above 15% of the Gross National Product. This economic importance, along with the limited nature of public funding, makes it advisable to seek efficiency under a set of regulations and a design for public supply procedures that truly promote competition.

When such competition exists, companies have the incentives they need to offer a larger variety of products and services, of better quality and/or at lower prices. This provides benefits both for the contracting government agency and for the taxpayers.

For these reasons, promotion, oversight, and defence of the conditions that favour access to public contracting, as well as the achievement of greater efficiency and effective competition during such procedures, has been and continues to be one of the main areas of interest for the most advanced authorities on competition and regulation, particularly in Spain.

This work has been taking place from the perspective of promoting competition through a variety of instruments, ranging from the production of Guides for Practices, analysis of new Draft Regulations intended to regulate this supply, review of Draft Tender Documents that may be applicable during public tendering, or production of more reflective documents on how to improve public contracting. It is also worth pointing out that certain administrative actions in this field have been challenged before the courts by the CNMC, in exercise of its advocacy work.

Specifically, in relation to the categories described in the previous paragraph on the subject of public provisioning, the following actions can be highlighted:

 

Orientation Guides

Production of Reflexions

Analysis of draft regulations

All reports on proposed regulations

 

Analysis of Draft Tender Documents

All reports on competition

 

Legal Challenges Brought Before the Courts

10 most recent legal challenges
Número Nombre Fecha
LA/04/2014 INSTRUCCIONES DE CONTRATACIÓN GENERALITAT CATALUNYA
LA/01/2010 PRÓRROGAS AUTOBUSES INTERURBANOS VALENCIA
LA/02/2010 AUTOBUSES GALICIA
LA/04/2014 INSTRUCCIONES DE CONTRATACIÓN GENERALITAT CATALUNYA
LA/01/2010 PRÓRROGAS AUTOBUSES INTERURBANOS VALENCIA
LA/02/2010 AUTOBUSES GALICIA
LA/02/2010 AUTOBUSES GALICIA
LA/01/2010 PRÓRROGAS AUTOBUSES INTERURBANOS VALENCIA

All legal challenges