Our new arrival: the Procurement Act is born

Almost 18 months after it was laid before Parliament in May last year, the Procurement Bill finally received Royal Assent on 26 October and thereby became the Procurement Act 2023 (“the Act“).  The Act is expected to enter into force in October 2024 and will replace the existing regulations governing the award of contracts and … Read more

EU Foreign Subsidies Regulation – Implementing Regulation and Notification Forms Adopted

The European Commission has now adopted its long-awaited Implementing Regulation in relation to the EU’s new Foreign Subsidies Regulation (“FSR”).  The Implementing Regulation includes the notification forms setting out what information must be provided in relation to concentrations and public procurements.  The information requirements have been reduced considerably compared to the drafts published earlier this … Read more

The increasing risk of firms being excluded from bidding for public-sector contracts across Europe because of past offences or misconduct

Contracts awarded by Governments and other public bodies (“contracting authorities”) are a major source of business for firms operating in many sectors, including construction, defence, IT and professional services. However, firms face an increasing risk of being excluded from bidding for such contracts if they have previously committed certain types of wrongdoing, such as violations … Read more

The impact of the EU’s Foreign Subsidies Regulation and International Procurement Instrument on companies bidding for high-value public contracts in the EU

The European Union (EU) has recently introduced two new instruments that have the potential to significantly hinder the ability of non-EU companies to tender successfully for valuable public-sector contracts in the EU, including as part of a consortium. Under the Foreign Subsidies Regulation (FSR), where a contracting authority in the EU has invited tenders for … Read more

EU Foreign Subsidies Regulation Adopted – Draft Implementing Regulation to be Published Beginning of 2023

The EU has now formally adopted its new Foreign Subsidies Regulation (“FSR”), which will start to apply from mid-2023. The European Commission will shortly be publishing a draft Implementing Regulation, which will set out what must be included in notifications under the FSR and further procedural details. This should help companies focus the due diligence … Read more

Consortia and Competition Law

The European Commission’s draft revision of the horizontal cooperation guidance published on March 1, 2022, for the first time includes a specific section on the assessment of consortia agreements. Up to now, there has been very limited guidance in case law and in the existing horizontal cooperation guidelines. Members of our Brussels office have recently … Read more