Does acquiring equity in a public concession holder equate to contract transfer for administrative authorization purposes?

Abstract

Based on Directives 2013/24/EU and 2014/24/EU of the European Parliament and of the Council on public procurement, one might well wonder if the acquisition of equity in a public concession holder is actually a transfer of the concession contract, in which case administrative authorization would be required. In such events, the type of public concession at issue is a factor in how to treat with all due rigour the legal consequences of what has come to be known as the «secondary concession market».