Der Begriff des privaten Sektorenauftraggebers unter besonderer Berücksichtigung grenzüberschreitender Beherrschung

Although the framework conditions in the procurement sectors have changed considerably since the 1990s, the concept of “public undertakings” has remained unchanged since its introduction with Directive 90/531/EEC. In a first step, the paper therefore raises the question of whether this concept can still adequately reflect the changed market structures, especially against the background of ‘EU-cross-border control constellations’, or whether it requires further development. In a second step, the dissertation then proposes a procedure for the future determination of public undertakings of cross-border controlled companies, drawing in particular on antitrust and state aid law as well as the FSR.