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Sub practice

Public Procurement and Competitive Tendering

Private companies themselves may also award contracts through a tender process. Non-compliance with these rules can have very serious commercial consequences.

Arrangements with public authorities that do not fall within the scope of public procurement and competitive tendering rules may still be subject to the general principles of the Treaty on the Functioning of the EU and therefore require some degree of transparency and competitive tendering.

Our international team has the experience to address public procurement issues from the perspective of all those involved in the procurement process. Our expertise stretches out to Europe and beyond, and among our procurement lawyers is a former director of criminal enforcement at the Antitrust Division of the U.S. Department of Justice, who was responsible for developing the training programme provided by the DOJ to senior officials on contracting with the U.S. government (MAPS).

Our international public procurement team advises on:

  • how to anticipate potential issues and prepare suitable strategies for dealing with the rules
  • preparing a clear, structured approach from the initial commercial assessment to the final award and performance of the contract
  • procurement disputes
  • guidance for contracting authorities and utilities operators whose tendering processes have come under attack
  • disappointed tenderers seeking to challenge the award of a public contract

News and insights

Publications: 26 May 2023

Antitrust in focus - May 2023

This newsletter is a summary of the antitrust developments we think are most interesting to your business. Pieter Huizing, partner based in Amsterdam, is our editor this month (learn more about Pieter…

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Blog Post: 18 May 2023

The ICJ and the climate crisis - what could an advisory opinion mean for international law and co-operation?

The United Nations General Assembly (UNGA) has adopted resolution A/RES/77/276 (the Resolution) requesting that the International Court of Justice (ICJ) render an advisory opinion on the obligations…

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News: 15 May 2023

Allen & Overy advises InfraRed Capital Partners on an investment into Altitude Infra

Allen & Overy has advised InfraRed Capital Partners on an investment by its listed fund HICL Infrastructure PLC, its European Infrastructure Income Fund IV and other InfraRed-managed funds and…

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Turbines at sea

News: 15 May 2023

Allen & Overy advises the sponsors on the Dieppe-Le Tréport offshore wind farm project

Allen & Overy has advised the company “Les Eoliennes en Mer Dieppe-Le Tréport” (EMDT) and its shareholders – Ocean Winds (held 50/50 by ENGIE and EDP Renewables), Sumitomo Corporation and Caisse des…

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