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Public Procurement

Contracting parties must ensure that their arrangements comply with the procurement rules and need to understand the risks associated with the procurement process.

Entities that may be affected include public authorities such as local authorities; utility companies; companies that have received State aid or other government funding; and private sector companies looking to contract with bodies bound by the procurement rules.

Linklaters has extensive experience of advising on the application of the EU procurement Directives and the implementing regulations adopted in various Member States. We have been involved in many important projects for both private and public sector clients (including national governments), which have required a combination of detailed technical legal expertise, innovative thinking and commercial focus.

We assist clients by advising:
  • contracting bodies and existing or potential bidders on the procedures and legal requirements relating to the award of public contracts, including developing and responding to tender documents, negotiating contracts, evaluation and awards;
  • contracting authorities, utilities and related entities, on issues of procurement law arising from acquisitions, demergers and restructurings;
  • contractors and financial backers in relation to public–private partnerships and other government projects;
  • contractors on the application of special provisions applying to defence procurement; and
  • complainants and defendants in litigation arising from challenges under the procurement rules.

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What we do

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Linklaters has extensive experience assisting clients with complex dominance related issues and takes an active role in the policy debate through our work for clients and in our other professional activities.

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Antitrust Investigations

With our global footprint and on-the-ground experience in multiple jurisdictions our Antitrust & Foreign Investment team support clients through the broad spectrum of challenges that arise before, during and after an investigation into behavioural conduct issues.

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Cartels

As a leading global cartel practice, Linklaters' team works with clients to defend their interests in response to an investigation by minimising both the financial risk and potential damage to the clients’ reputation.

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Dawn Raids

Linklaters has extensive experience of assisting clients with dawn raids, ensuring a unified and efficient response to regulators across multiple jurisdictions and protecting our clients’ rights in any subsequent cartel or other antitrust investigation.

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Economic & Utility Regulation

The team has advised on price controls, market access and liberalisation for utilities companies, as well as on the regulatory issues arising in the context of mergers and acquisitions and financing/restructuring transactions.

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Foreign Investment Control

At Linklaters, we have world-leading experience thanks to our dedicated and truly integrated global network. We are continually monitoring developments in this rapidly evolving area in order to remain ahead of the curve. We offer clients a one stop shop for handling merger control and foreign investment review filings: a single, central point of contact, as well as a consistently high level of quality.

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Merger and Sector Investigations

Linklaters’ Antitrust & Foreign Investment team is at the forefront of advising clients on dealing effectively with market and sector investigations.

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Merger Control

Merger control is critical to the success of any M&A transaction. Linklaters’ truly global team works with clients to devise their global merger control strategy. We combine commercial, legal, economic and often political considerations to maximise the chance of a successful outcome. We offer clients a one stop shop for handling merger control and foreign investment review filings: a single, central point of contact, as well as a consistently high level of quality.

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Public procurement

Linklaters has extensive experience of advising on the application of the EU procurement Directives and the implementing regulations adopted in various Member States. We have been involved in many important projects for both private and public sector clients (including national governments), which have required a combination of detailed technical legal expertise, innovative thinking and commercial focus.

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State Aid

In this evolving legal environment, companies with no previous (and often no foreseen) exposure to State aid issues are increasingly affected by the rules. Companies increasingly view State aid law as a powerful tool to challenge the legality of fiscal regimes and other State measures which favour their competitors. Our clients gain a competitive advantage from our wealth of experience in handling complex State aid cases.

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AdTech

We help our clients to navigate this constantly-evolving landscape, and are currently directly engaged with some of the most significant enforcement in this area, working closely with clients and regulators to tackle the complex problems posed by this fast-paced, data-driven industry.

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