The Unbalanced Public Contract - between dumping strategies, simulated state aid, antitrust effects and criminal offenses

Abstract: The proportion of public procurement is nowadays more than substantial; it amounts to all the goods and services that the State, perceived as both: central and local administrations, demands in order to assure the effective and sustainable functioning of the society. Moreover, as the procurement procedures aim at simultaneously achieving best value for money and high standards in non-financial matters (e.g. environment, social, innovation), efficient operations must be assured. Considering the context, protecting such an economic desirable market from unlawful practices (i.e. dumping strategies, illegal state aid, antitrust or corruption), that can otherwise harm the whole commercial balance, becomes the preoccupation of different areas of law. Furthermore, like privatization processes and public private partnerships, it represents a strategic point on each and every government’s agenda, fact that stimulated the research in this area.