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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

Vertical perspective of New York City skyline

Publications: 05 April 2024

National Security Division Announces New Self-Disclosure Policy in M&A Transactions

The National Security Division (NSD) of the Department of Justice announced a new self-disclosure policy on March 7, 2024 (M&A Policy) that impacts corporations, private equity firms, and venture…

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High rise glass buildings against a blue sky

Publications: 04 April 2024

Approval of the Executive Regulations to the Egyptian Competition Law

The Cabinet of Ministers in Egypt has recently approved the Executive Regulations accompanying the newly revised Egyptian Competition Law.

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image of swooping bokah lights coming towards the screen at a angle

Publications: 03 April 2024

China passes provisions to relax the cross-border data transfer regime

China has passed provisions which relax the current cross-border data transfer mechanisms. This comes as welcome news to the international business community, especially those with the need to export…

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Stock exchange market graph on a digital screen

Publications: 13 March 2024

Cartel enforcement tops the antitrust agenda

Overall, global fines for cartel activity in 2023 (USD1.9 billion) were broadly in line with the 2022 total (USD2.1bn). However, regulators in the EU recorded significant drops in actual fine levels,…

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