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The Court of Justice decidedly jumps on the procurement protectionism bandwagon, creating legal uncertainty along the way (C‑652/22) — How to Crack a Nut – Go Health Pro

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The Court of Justice decidedly jumps on the procurement protectionism bandwagon, creating legal uncertainty along the way (C‑652/22) — How to Crack a Nut – Go Health Pro

By falling just short of mandating a complete ban on access to EU procurement by third-country economic operators not covered by international agreements, in Kolin Inşaat Turizm Sanayi ve Ticaret (C-652/22) (‘Kolin’), the Court of Justice has suddenly crystallised a change in EU procurement-related trade policy. Kolin will have many, and potentially quite problematic, practical … Read more

A missed opportunity to provide meaningful clarification on state aid analysis of procurement compliance and some problematic ‘obiter dicta’ (C-28/23) — How to Crack a Nut – Go Health Pro

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A missed opportunity to provide meaningful clarification on state aid analysis of procurement compliance and some problematic ‘obiter dicta’ (C-28/23) — How to Crack a Nut – Go Health Pro

On 17 October 2024, the European Court of Justice (ECJ) delivered its preliminary ruling in NFŠ (C-28/23, EU:C:2024:893). The case was very interesting in three respects. First, in addressing some aspects of the definition of public works contracts that keep coming up in litigation in relation to relatively complex real estate transactions. Second, in addressing … Read more

Centralised procurement for the health care sector — bang for your pound or siphoning off scarce resources? — How to Crack a Nut – Go Health Pro

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Centralised procurement for the health care sector — bang for your pound or siphoning off scarce resources? — How to Crack a Nut – Go Health Pro

The National Health Service (NHS) has been running a centralised model for health care procurement in England for a few years now. The current system resulted from a redesign of the NHS supply chain that has been operational since 2019 [for details, see A Sanchez-Graells, ‘Centralisation of procurement and supply chain management in the English … Read more

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

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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

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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