Competition policy and concessions – Raluca VIDAN

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When analyzing concessions from a competition policy perspective there are several aspects that need to be considered: if concessions are preferable to public provision when privatization is not possible, what are the steps to follow in designing a concession, how concessions are awarded and last but not least the role of the competition authority in concessions, in general terms.

Observance of competition law is a general obligation, so it applies both to concessionaires and local and central public administration bodies, and for each category there are instruments designed to stop a possible infringement of the law and sanctions to apply for the guilty ones. However, competition authorities could have an important role from the early stages by advocating for pro-efficiency and pro-competition regulatory reform, for a more competitive design of concession contracts and allocation mechanisms.