CONTRATACIÓN PÚBLICA Y LIBRE COMPETENCIA

Abstract

The research planned for the purpose of preparing the final thesis, has as a general objective to describe the strengths, opportunities, weaknesses and threats in the system of free competition applied to the field of public procurement, comparatively analyzing the regimes of Uruguay and Spain. The issue is of great relevance as the State, by its very nature, fulfills a regulatory, control and audit role, while on the other hand, it actively participates in the market, as a supplier of goods and services in certain cases, and in others. as seeker of the same, having to refer in this last hypothesis, to public contracting. In this regard, particularities are highlighted in the application of regulations for the promotion and defense of competition in a particularly relevant field of action, since public funds are managed in the procurement of goods, services and public works. That is why acting in accordance with parameters of legitimacy and high ethical standards stands as a mandate. Due to the above, the concern arises to investigate the current regime and its application in Uruguay, comparing it with the prevailing regime in Spain. Likewise, it is important to address the study of the competition authorities provided for in each country, considering their nature, their institutional location in the orbit of the State, as well as their relationship with the Executive Power in each case, and the eventual review of the acts administrative that it dictates. The investigation, therefore, will seek to delve into the application of the regulations for the Promotion and Defense of Competition prevailing in both legal systems (Spanish and Uruguayan), in the actions of the State in the market, specifically when it acts as a subject of public contracting, that is, as a demander of goods and services. As pointed out by the Organization for Economic Cooperation and Development (known by its acronym in Spanish OECD, and in English OECD), the procurement of goods and services from the State represent a high percentage of the Gross Domestic Product (GDP) of each Nation. In various countries, the State has significant purchasing power, which is why its position to promote competition and influence markets must be highlighted, even seeking the introduction of new technologies. By virtue of this, the decisions adopted in terms of public procurement can have a significant impact in order to promote competition in the market. That is why the analysis of the performance of state public persons as subjects of public procurement acquires significant relevance. In this way, free competition and its normative regulation are analyzed first, and then the issue related to public procurement is addressed, in order to determine the interrelationship between both issues and their scope. In conclusion, it is intended to determine if the State, which is the one that should promote and protect free competition, constitutes the best example of performance in its work in public procurement.

Date of Award	13 Sept 2023
Original language	Spanish
Supervisor	Marta Franch Saguer (Director)