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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

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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Advocate General Opinion on the Sisal – Magellan Robotech Case

Publications: 02 FEBRUARY 2021

Advocate general opinion on the Sisal – Magellan Robotech case

Public Procurement - Concessions Directive 2014/23 - Advocate General Campos Sanchéz-Bordona advises the Court of Justice on what may constitute ‘substantial modifications’ to a concession. 

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aerial shot of motorway

Publications: 19 JANUARY 2021

Public Procurement - The European Court of Justice provides guidance on “self-cleaning” measures in its judgment

In its judgment of 14 January 2021 the European Court of Justice provides guidance on “self-cleaning measures”.  The “self-cleaning” measures were introduced in the 2014 Directives on public…

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City, sun reflecting from the glass buildings

Publications: 19 JUNE 2020

European Commission targets foreign subsidies causing market distortions

As part of a broader effort to reshape the EU’s trade policy, the European Commission (EC) proposes to expand its toolbox to tackle foreign subsidies undermining the level playing field in the EU’s…

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Recognition

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