New paper on SSRN – ‘Is there a place for local content requirements in EU public procurement?’
Local content requirements (LCRs) are gaining traction within the European Union, particularly in certain Member States. In this preprint, I seek to define LCRs in the context of EU public procurement, to assess whether their use should be evaluated solely on the basis of strict economic and market criteria, and – most importantly – to examine whether they are legally permissible in intra-EU and extra-EU procurement settings.
TL;DR: LCRs are not permissible in intra-EU procurement. However, there may be scope to use carefully designed extra-EU LCRs to pursue secondary procurement objectives, provided they are implemented in a legally and strategically sound manner.
Paper link;