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Dissertation

The protection of competition interests in administrative law

On Wednesday 13 December 2017 Jaap Wieland defended his doctoral thesis entitled ‘De bescherming van concurrentiebelangen in het bestuursrecht’ (the Protection of Competition Interests in Administrative Law).

Author
Jaap Wieland
Date
13 December 2017
Links
News item PhD defence Jaap Wieland
Leiden University Repository

The research comprised an extensive study of the protection of competition interests in administrative law and is aimed at identifying possible obstacles that can arise in relation to this. Three obstacles in particular are distinguished: access to proceedings under administrative law, the purpose-bound character of administrative competences (speciality) and the relativity requirement. These obstacles are outlined, analysed and placed in the perspective of Union law. The most important conclusion is that access of competitors to proceedings under administrative law is extensive, but that their interests subsequently, as a result of the prohibition against misuse of power and the relativity requirement, play a role in decisions and review by the administrative court only to a limited extent.  Dutch administrative law differs in this respect from Union law, where competition interests take a central place.

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