Public Procurement, EU/UK Competition and State Aid

Public procurement in the UK is worth almost £60 billion annually; public procurement accounts for 16% of the EU economy.  The number of public/private partnerships grows year on year as central and local government increasingly outsource infrastructure services and commission the provision of public services from private sector providers.  As central and local government increasingly participate in joint ventures or deliver services through separate companies, so the European and UK competition regime and the law of state aid becomes increasingly relevant.

FFW has a rare, if not unique, track record in this field.  Since 1986, when we advised on the first of some 40 privatisations of Government businesses, we have supported central and local government, independent public sector clients and private sector suppliers in creating sound, viable and mutually beneficial business structures.  We are proud that our understanding of commercial matters and of the values and drivers of public authorities has made us the trusted adviser of a wide range of public bodies from central government departments to regional development agencies, local authorities and independent public institutions.  We work closely with clients to ensure that potential problems are identified well in advance  ensuring that  strategies for avoiding them can be implemented. Our advice includes UK and EC competition inquiries, merger notifications and investigations, Articles 81 and 82 of the EC Treaty, EC block exemptions, the UK competition law, state aids and public procurement.

Our commitment to service in this area is manifest in our resources – no fewer than three of our partners are specialists in the field – and in our track record.  Besides advising individual clients on particular transactions, our partners are leading participants in influencing policy: we founded and host the Public/Private Procurement Forum, which brings together senior policy-makers from central and local government and industry for frank discussions of current issues.

For a confidential discussion of any issues in this area, without any obligation and free of charge, please contact David Gollancz on 020 7861 4000 or email david.gollancz@ffw.com.

"Clients… report "prompt advice that is particularly relevant in the area of anti-competitive practices." This underlines an emphasis on behavioural and regulatory aspects." - Chambers (2006 Edition): Competition/European Law