The principle of competition is dead. Long live the principle of competition (Free webinar) — How to Crack a Nut – Go Health Pro

The principle of competition is dead. Long live the principle of competition (Free webinar) — How to Crack a Nut – Go Health Pro

Free webinar: 22 March 2024 *revised time* 1pm UK / 2pm CET / 3pm EET. Registration here. The role of competition in public procurement regulation continues to be debated. While it is generally accepted that the proper functioning of procurement markets requires some level of competition – and the European Court of Auditors has recently … Read more

High hopes but little movement for public sector AI use regulation through procurement in the UK Government’s ‘Pro-innovation Approach’ response — How to Crack a Nut – Go Health Pro

High hopes but little movement for public sector AI use regulation through procurement in the UK Government’s ‘Pro-innovation Approach’ response — How to Crack a Nut – Go Health Pro

The UK Government has recently published its official response (the ‘response’) to the public consultation of March 2023 on its ‘pro-innovation approach’ to AI regulation (for an initial discussion, see here). The response shows very little movement from the original approach and proposals and, despite claiming that significant developments have already taken place, it mainly … Read more

Much ado about nothing? — How to Crack a Nut – Go Health Pro

Much ado about nothing? — How to Crack a Nut – Go Health Pro

The UK Government’s Department for Science, Innovation and Technology (DSIT) has recently published its Initial Guidance for Regulators on Implementing the UK’s AI Regulatory Principles (Feb 2024) (the ‘AI guidance’). This follows from the Government’s response to the public consultation on its ‘pro-innovation approach’ to AI regulation (see here). The AI guidance is meant to … Read more

Will the ECJ mandate protectionism in procurement — comments on AG Collins’ Kolin Opinion (C-652/22) — How to Crack a Nut – Go Health Pro

Will the ECJ mandate protectionism in procurement — comments on AG Collins’ Kolin Opinion (C-652/22) — How to Crack a Nut – Go Health Pro

In the Opinion in Kolin Inşaat Turizm Sanayi ve Ticaret (C-652/22, EU:C:2024:212, hereafter ‘Kolin’), Advocate General Collins has argued that only economic operators established in countries party to international agreements on public contracts that bind the EU may rely on the provisions of Directive 2014/25/EU. This would imply that economic operators established in other countries … Read more

Transposing Directives no longer so discretionary! The Court of Justice forces transposition of discretionary exclusion grounds and hints at ‘intra-State’ vertical direct effect (C‑66/22) — How to Crack a Nut – Go Health Pro

Transposing Directives no longer so discretionary! The Court of Justice forces transposition of discretionary exclusion grounds and hints at ‘intra-State’ vertical direct effect (C‑66/22) — How to Crack a Nut – Go Health Pro

** This comment was first published as an Op-Ed for EU Law Live on 8 December 2022 (see formatted version). I am reposting it here in case of broader interest. ** On the face of it, in Infraestruturas de Portugal and Futrifer Indústrias Ferroviárias (C-66/22), the Court of Justice had to assess whether Member States … Read more

x