Muligheden for anvendelse af strategisk kontrahering på koncessionskontrakter

Daniel Carstens & Christopher E. Damgaard

Student thesis: Master thesis


This thesis examines whether there is the possibility of using strategic contracting in concession contracts, taking into account whether the Concession Directive imposes restrictions in regard to the goal of achieving relational rents.
The thesis begins by examining the key concepts in the Concession Directive that are essential for defining the contract as a concession under the Concession Directive. Next, we emphasize the basic prerequisites for exercising strategic contracting to give the reader a basic understanding of the further analysis in the thesis.
The second part of the thesis will focus on the ex ante part of the contract. Here it is investigated which opportunities the public contractor has to screen the market for the purpose of identifying the private party who, through their complementary resources, represents the strategic fit. In addition, it will be examined whether the parties can create incentive compatibility through a common objective and business plan. Finally, in part 2, it will be investigated how trust is established between the parties and the significance this has for transaction costs.
The third part of the dissertation examines what kind of governance is most effective in regulating subsequent circumstances. In continuation of this, the parties' ability to adjust the contract during the duration of the contract will be investigated and how clauses and safeguards may help reduce the risk of conflict among the parties. In the absence of other agreement, the law of obligations will fill the gap, why the rules are evaluated in regard to their effectiveness in regulating the contractual relationship.
In conclusion, it is evaluated whether the Concession Directive imposes restrictions on exercising strategic contracting on concession contracts.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
Publication date2018
Number of pages122
SupervisorsKim Østergaard