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Sub practice
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 these 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 & insights

Modern blue and wooden illuminated sculpture

Publications: 06 MAY 2021

Collusion in public procurement - A “notice” from the Commission

On 15 March 2021, the European Commission (the Commission) published its long-awaited “Notice on tools to fight collusion in public procurement and on guidance on how to apply the related exclusion…

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Foreign direct investments in the Czech Republic: do not trust, but control

Publications: 04 MAY 2021

Foreign direct investments in the Czech Republic: do not trust, but control

As of 1 May 2021, a foreign direct investment control regime has become applicable in the Czech Republic. Act No. 34/2021 Coll., on the screening of foreign investments (the Act), applies, among…

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EU Court confirms full procedural guarantees for all

Publications: 30 MARCH 2021

EU Court confirms full procedural guarantees for all

To be forewarned is to be forearmed: public procurement procedures and remedies - judgement of the CJEU in CASE C-771/19 NAMA AND OTHERS V ARCHI EXETASIS

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aerial view of stairwell

Publications: 11 FEBRUARY 2021

Public procurement – to be or not to be: what constitutes a body governed by public law under Directive 2014/24?

This e-Alert summarizes a recent judgment of the European Court of Justice regarding the scope of public procurement legislation, in particular concerning the notion of “bodies governed by public law”…

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Recognition

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