Negotiation Within the Flexible Procurement Procedures

Jakob Riberholt Andersen & Tobias Elis Aaskov

Student thesis: Master thesis


The thesis is about the flexible procurement procedures in the Procurement Directive 2014/24/EU including the impact of the increased access to negotiation within these procedures. The thesis is divided into an economic perspective as well as a legal perspective. Arguments from both these perspectives will be combined and subject to an integrated analysis in the last chapter. The legal chapter of the thesis is about whether the increased access to negotiation is due to a codification of the EU case law. Relevant provisions in the Procurement Directive in 2004/18/EF will be compared to Procurement Directive 2014/24/EU to identify and examine the changes that have been made in relation to the increased access to negotiate. These changes will subsequently be interpreted to derive if the interpretation is a codification of EU case law from the EU court. Whether the changes is derived from case law or not affects how the parties adapt to a new legal situation if there continuously have been made changes to the interpretation of existing law by the EU Court. The economic perspective will focus on the factors that may affect the efficiency of the negotiation. There are established respectively a neoclassical and behavioural theoretical game to illustrate the effect of the negotiation based on different theoretical assumptions. The consequences of the players' strategic choices will be deduced and analysed to identify how the various options affect efficiency. In the final chapter it will be analysed how the law should be adjusted to achieve an increased efficiency of negotiation within the flexible procurement procedures on the basis of economic arguments. This analysis is based on two adjustments and one proposal for alternative law in order to reduce negative economic implications and thus promote positive economic implications. By combining both legal and economic arguments the conclusion of the thesis is that there is potential for creating a more efficient regulation of the negotiation. The final section of the this chapter provides with a legal recommendation to the suggested adjustments and argue why these adjustments increases the efficiency.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
Publication date2016
Number of pages116
SupervisorsGrith Skovgaard ├ślykke