Public Procurement Law
Many contracting authorities and bidders rely on our Public Procurement Law practice group for advice on all aspects of public procurement and contractual law relating to the awarding of public contracts and concessions. We can structure public procurement proceedings for contracting authorities, advise bidders in the context of public procurement proceedings and represent the interests of our clients before bodies tasked with reviewing the legitimacy of public procurement proceedings.
In this context, we are able to closely combine our wealth of experience on awarding public contracts and concessions with the scope of our advisory services on public law. We can, for instance, advise both municipal authorities and investors in respect of innovative urban development projects, irrespective of whether the project in question concerns the development of inner-city shopping areas or environmentally friendly residential quarters. Our clients receive end-to-end legal advice from a single source, covering all aspects of public procurement, contract, local authority and building law, for instance. A similar interface can be identified in the transport sector: Public procurement proceedings relating to rail and bus transport or the procurement of rolling stock and buses are often closely linked to regulatory issues stemming from railway and public transport law. Airports, ports and privately financed road construction projects often present a similar situation, where sector-specific regulatory frameworks must be complied with that are not only defined by national law but also include elements of EU legislation (e.g. the ban on state aid).
We frequently provide advisory services to clients in respect of sectors of the economy which are only beginning to open up to competition. A recent example is the awarding of contracts in the field of defence and security, which is characterised not only by very specific market structures but also by specific legal framework conditions.
We believe that advising on public procurement law should not be limited to looking only at the provisions of procedural law that govern the placing of an order or granting a concession; ultimately it involves the awarding of a contract, which can require very different content depending on the sector in question. Where necessary, we can draw on the expertise of highly specialised colleagues from the fields of public law, corporate law, financing, real estate law, IP/IT and data protection, for instance. Interfaces with antitrust law, which we address on a regular basis, are found, for instance, in connection with issues such as self-cleaning after breaches of antitrust law.
Through our involvement in legal associations and various bodies, regular lectures and publications, we are repeatedly presented with the opportunity to understand the latest developments in a broader scope beyond one-to-one application and the pure legal implications and to make our contribution to the general discussion.
News and insights
News: 11 May 2023
Allen & Overy advises palero on the acquisition of Tech Power Electronics Group
Allen & Overy has advised private equity investor palero on the acquisition of Tech Power Electronics Group (TPEG) from Schwa-Medico.
Publications: 09 May 2023
Germany to tighten energy efficiency requirements for buildings, companies and data centres
In April 2023, the German government proposed new legislation that aims to significantly increase energy efficiency requirements for buildings, companies and data centres. The government’s proposals…
News: 13 April 2023
Allen & Overy advises Riverside on the acquisition of Dastex
Allen & Overy has advised private equity investor The Riverside Company (Riverside) on the acquisition of Dastex Reinraumzubehör GmbH & Co. KG (Dastex), a leading specialized independently owned…
Publications: 29 March 2023
Wind of Change: The challenges presented by end-of-life wind farms
In recent years, both European and German legislators have been promoting the expansion of renewable energy both by creating a favourable legal environment and by facilitating public funding of…
The public procurement team is characterized by its close cooperation with other teams of this large international law firm.
JUVE Handbook 2018/2019, Public Sector
Compact public law team with a strong foothold in the public procurement market
Chambers Europe 2017: Public Law
Allen & Overy has found its place within the public procurement scene.
JUVE 2017/2018: Public sector – Public Procurement