Procurement law

Tenders, state aid, and competition

Government bodies issuing calls for tenders are bound by laws and procedures, some of which are dictated by EU rules and regulations. Transparency and fairness should ensure that the tender procedure for bidders is conducted in the best possible way and that every bidder has an equal chance.

Competition authorities, such as the Authority for Consumers & Markets (ACM) in the Netherlands, and the European Commission also closely monitor compliance with the rules for competition and state aid. State aid and competition agreements, such as cartel formation, can severely disrupt the internal European market, so strict rules are imposed to avoid that happening. 

Tenders

Due to the rules and regulations governing procurement law, issuing a call for tenders is a complex process. Caution and care are crucial to ensuring that core values, such as transparency and equality, are protected and to preventing the tender from turning into legal proceedings. At the same time, a call for tenders imposes strict requirements on the participating market operators. Rules for calls for tender, state aid, and competition can often be a minefield, with every slip potentially having major consequences. Our procurement lawyers help public authorities and market operators by providing sound advice and assistance in proceedings.

State aid

The government cannot provide financial or material support to companies at will, as this would create an uneven playing field and distort the market. That is why the EU has drawn up strict rules to prevent unauthorized state aid. Our lawyers advise governments and market operators on the freedoms and barriers in terms of state aid.

Competition

Companies can also distort the market among themselves, such as by agreeing among themselves on prices, sales areas, and competition. Our competition lawyers advise companies on what is and is not allowed.

Our lawyers

ur lawyers have the requisite knowledge and experience to provide you with sound advice on procurement, state aid, and competition law. We can help you with: