Skip to content
Sub practice
Sub practice

Public and Mixed Entities/Structures

In current economic times, where public bodies – both national and local – are playing an increasingly key role in the market (especially in the utilities and services sectors),we have seen an increase in the use of state-owned limited liability companies

Indeed, by using a corporate entity – rather than relying on traditional statutory bodies – public authorities are able to speed up the relevant administrative process and to achieve their market goals, while at the same time respecting the related public interest needs.

In addition, as a result of privatisations started in several countries, the public-private mixed company has become one of the main forms of public-private partnership (PPP). This is particularly the case in the following market sectors: public infrastructure, assets and services (mainly water, gas, electricity, transportation, waste management as well as zoning development).

With this form of structure, the private partner not only provides the financing but also the technical capability required to ensure that a project reaches a successful conclusion.

In this respect, European laws and national implementing provisions govern the set up and operation of mixed companies, operating public assets and providing public services, to ensure that fair competition and transparency principles are complied with.

The Allen & Overy Public Law group has a proven record of providing high-level assistance on projects involving both these forms of public and mixed companies. We advise both public bodies and private companies on the set-up phase, operation phase and the contractual relationship between the public and private parties, covering all issues including employment issues and public accountability. We can also assist on all the phases regarding the tender process to select the private partner and as we are a full-service law firm, can advise the client on all the legal issues involved in the matter.

News & insights

Capitol Hill building in the United states

Publications: 05 AUGUST 2020

Don't let the 2020 campaign season affect your ability to seek investment from public investors

With less than 100 days before the November 2020 election, campaign fundraising is entering its busiest period of the cycle. Although campaign fundraising is largely virtual this year, there is no…

Read more
Beams of light on a busy road

Publications: 06 JULY 2020

Public Private Partnership (PPP) regulatory update: Eligible projects expanded and new joint PPP

On 27 January 2020, the Minister of National Development Plan (the Minister) (also known as the Head of National Development Plan Agency/KepalaBadanPerencanaan Pembangunan Nasional/Bappenas), issued…

Read more

Publications: 19 JUNE 2020

Foreign Direct Investment Screening in Germany – most recent developments

What foreign investors need to consider Germany is one of the few countries in the world where the doors are wide open to foreign investment. With an export-oriented national economy, Germany thrives…

Read more
health care sector

Publications: 03 JUNE 2020

Germany: Update on Foreign Direct Investment Screening - Health care sector becomes part of critical infrastructure

The German Foreign Direct Investment (FDI) screening rules were amended, bringing important parts of the health care sector under the regime applicable to critical infrastructure. Some, but not all,…

Read more