Procurement

Welcome to the home of procurement on Law-Now.

On this page, you will find all the articles and publications for procurement. CMS can also offer you CMS Expert Guide to Public Procurement, which you can access here.

To stay in touch with the latest developments, please bookmark this page on your mobile or register to receive eAlerts.

Recent Articles

  •  
    20/02/2024
    United Kingdom

    Court of Appeal confirms position on damages for breach of public procurement rules

    The much anticipated judgment in the Braceurself appeal has been handed down by the Court of Appeal. The Court of Appeal (led by LJ Coulson) has reaffirmed the position established by the High Court that despite a breach of the public procurement rules changing the outcome of a procurement, that is not of itself automatically ‘sufficiently serious’ to justify an award of damages.Until Braceurself, it was generally assumed that a breach which changed the outcome of a procurement would be decisive on the question of sufficient seriousness. This judgment provides clarity on the relevant...
    Read more
  •  
    26/01/2024
    England and Wales

    Commissioning Health Care Services in England: The new PSR regime

    Following a lengthy consultation process, the Health Care Services (Provider Selection Regime) Regulations 2023 (the “PSR”), were laid before Parliament on 19 October 2023. The PSR has been designed to introduce a flexible and proportionate process for deciding who should provide health care services. In the words of the Department for Health and Social Care, the aim of the PSR is to “move away from the expectation of tendering for healthcare services in all circumstances towards collaboration across the health and care system” and to “remove the bureaucracy and cost...
    Read more
  •  
    23/01/2024
    United Kingdom

    Universities and the Procurement Act 2023

    The legal landscape in the UK for procurement is changing this year. This quick update summarises the impact this may have on UK universities.To the extent a university considers its activities to be caught by the current procurement regulations (there are separate Scottish and English regulations), the new Procurement Act 2023 will have an impact on its procurement activities.  It is worth noting that some universities do not consider their activities to be regulated. For universities in Scotland, the Public Contracts (Scotland) Regulations 2015 (which derive from EU Directives) continue...
    Read more
  •  
    09/11/2023
    Europe

    CMS Life Sciences Vital Signs, Winter 2023

    2023 has seen some significant legal developments impacting the life sciences industry, and as we look ahead to 2024, there are several important developments which we would like to keep our clients informed of.In the UK, beginning in January 2024, the UK will roll out a new International Recognition Procedure for medicines approved in trusted jurisdictions. There are also new public procurement rules on the horizon as the Procurement Bill has been progressing through the Houses of Parliament, with the aim to make the UK’s public procurement regime more efficient and transparent.In Europe,...
    Read more
  •  
    26/10/2023
    EU

    CJEU ruling on exclusive licences for mineral water springs, weighing in on an EU-Romanian legal conundrum

    On 21 September 2023, the Court of Justice of the EU (CJEU) ruled on an issue regarding Romanian policies on the exploitation of its mineral water springs, and clarified a matter that stands at the intersection of EUR competition law (Article 106 (1) TFEU and Article 102 TFEW) and the national policy making of an EU member state. The decision, which opposed providing the holder of an exclusive licence for exploiting mineral water the opportunity to renew every five years without a competitive process, underlies the complexities of reconciling national interests with broader EU mandates.  PreliminariesRomania's...
    Read more
  •  
    12/10/2023
    Belgium

    FSR and public pro­cure­ment/con­ces­sion procedures – Be Prepared

    FR
    On 12 October 2023, the notification and declaration obligation for public procurement and concessions procedures under the Foreign Subsidies Regulation (FSR) and its implementing Regulation comes into force. How should undertakings prepare? Foreign Subsidies Regulation (FSR) in a nutshellUnder the FSR, the European Commission has the power to investigate financial contributions granted by third countries to European and foreign companies active in the EU. If the Commission finds that such financial contributions constitute distortive subsidies in the internal market, it can impose redressive...
    Read more