2. The usefulness of the distinction between public and private contracts

Devolution of contracts

Procurement methods are regulated in public procurement contracts: article L. 3 of the French Public Procurement Code states that: "Purchasers and contracting authorities shall respect the principle of equal treatment of candidates for the award of a public procurement contract. They shall implement the principles of freedom of access and transparency of procedures, under the conditions defined in the present code.

These principles ensure the efficiency of public procurement and the proper use of public funds.

The reason for these rules is that public money is at stake.

On the contrary, in private markets, contractual freedom allows the client to contract with whomever he wishes.

Contract performance...