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9 - The Transparent Allocation of Limited Rights

What Types of Transparency Promote Public Interests?

from Part II - Connecting Limited Rights

Published online by Cambridge University Press:  11 April 2025

By
Anoeska Buijze
Edited by
Chris Jansen ,
Frank van Ommeren ,
Johan Wolswinkel  and
Sue Arrowsmith
Chris Jansen
Affiliation:
Vrije Universiteit, Amsterdam
Frank van Ommeren
Affiliation:
Vrije Universiteit, Amsterdam
Johan Wolswinkel
Affiliation:
Tilburg University
Sue Arrowsmith
Affiliation:
University of Nottingham
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Summary

This chapter departs from the assumption that, notwithstanding that transparency is an essential element of competitive allocation of limited rights, it is also a diffuse concept. There are many different transparency obligations, and not all obligations have the same effect on the realization of public interests. Based on an overview of the different types of transparency obligations, this chapter explores the relation between the various types of transparency obligations and traditional market goals on the one hand, and transparency obligations and other general interests on the other. The purpose of the analysis is to answer the question of how these transparency obligations should be designed to balance the various interests that are pursued with competitive allocation of limited rights, whenever transparency is concerned.

Keywords

equal treatmentcompetitive allocationinternal comparative lawbalancing interestsoptimizing public intereststransparent procurementlimited authorizationssubsidiesgovernment sales
Type
Chapter
Information
Optimizing Public Interests through Competitive Tendering
Concept, Context and Challenges
 , pp. 357 - 388
Publisher: Cambridge University Press
Print publication year: 2025

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