Abstract

This Article first considers public procurement and competition, highlighting unique issues applicable to a competitive defense equipment market, the need for targeted guidance on defense procurement, and the application of Article 296. After setting the issue in context, consideration will be made of the evolution and the 2004 modernization of public procurement policy. Discussion thereafter will focus on the establishment of a competitive defense equipment market, Article 296, and the Commission’s 2006 Interpretative Communication on its application. The main points of the Defence Package will be identified. A commentary with respect to the Treaty of Lisbon is also included. The conclusion will address whether pending procurement initiatives are likely to enhance cross-border competition, particularly with regard to the defense sector.

Keywords: Market power -- European Union countries, Defense contracts -- European Union countries, Government purchasing -- European Union countries, Competition (Economics), Defense industry, Government purchasing, European Union