Third Country Bidders and Public Procurement in the European Union: Between Competition and Reciprocity

This article critically assesses the treatment of third country bidders in EU public procurement considering the recent developments in EU public procurement law, driven by evolving interpretations from the Court of Justice of the European Union (CJEU) and revised guidance from the European Commission. These legal and policy shifts are examined considering their potential to advance two key policy objectives: enhancing competition within public procurement and expanding market access for EU bidders in third countries. The article evaluates the mechanisms designed to enforce reciprocity, including the International Procurement Instrument (IPI) and its emerging enforcement practices. The paper further investigates recent CJEU rulings that signal a departure from the long-standing practice of de facto equal treatment of third country bidders, suggesting a more assertive stance on reciprocity. Finally, the study considers the European Commission’s revised approach to third country bidders and assesses its likely impact on the declared policy objectives of market competition and reciprocity.