Helping to guide you through complex requirements

Our experienced team offers a full range of advice to clients in both the public and private sector on EU, competition law and regulatory matters.

Navigating this complex terrain can be a minefield but we provide strategic and compliance advice to ensure that your organisation achieves its policy and commercial objectives in a manner compatible with its legal obligations.

Our clients include: central and local government as well as government agencies and other public bodies; businesses of all sizes and legal forms; registered social landlords; community groups; joint venture bodies; and special purpose vehicles.

Our work in this area falls into three main categories on which we advise on a regular basis:

  • Public procurement;
  • Competition law, including state aid; and
  • Other regulatory matters.

We were sole legal advisers to the Organising Committee for the Glasgow 2014 Commonwealth Games.
Our role included advising on procurement, complex competition law and EU law and regulatory issues relating to contracts with an aggregate value in excess of £450m.

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Our key services include:

Public procurement

We provide a full range of strategic and compliance advice to both public sector organisations and those interacting with them in relation to public procurement matters.

Our procurement advice to our many public sector clients includes advice on:

  • development of procurement business case and strategy;
  • drafting of tender documentation;
  • development of evaluation methodology and related selection and award criteria;
  • evaluation of tenders;
  • contract award and standstill procedures;
  • debriefing of unsuccessful bidders; and
  • dealing with formal and informal challenges to award decisions.

We also advise on related issues such as the TUPE issues associated with procurement of public services contracts and the application of competition law.

In addition to our work for public authorities, we regularly represent businesses competing for publicly-tendered work, assisting them with their concerns about procurement procedures and with challenges to contract award decisions.

We have advised on some of the most high-profile public procurements to take place in Scotland recently, including the Glasgow 2014 Commonwealth Games and the Scottish Government’s £140m project to bring next generation broadband to the Highlands and Islands of Scotland. 

Competition law including state aid

We advise on competition law aspects of corporate transactions, including mergers, acquisitions, joint ventures and the acquisition of companies holding publicly awarded contracts.

We also advise on the wide range of competition law issues associated with commercial contracts, including agency, distribution, franchising and licensing. 

We provide advice on compliance with EU and UK competition law on anti-competitive agreements and abuse of dominance, including drafting competition law compliance statements and director/ staff training. 

We also regularly provide advice on state aid issues - both to funders throughout the extended public sector and to the potential recipients of funding, including community trusts, multinational companies and industry bodies.  We also assist clients against whom complaints have been made to the European Commission. 

Other regulatory matters

As well as advising on public procurement and competition law, we also advise on the full range of other regulatory matters, including the exercise of statutory powers and the achievement of statutory functions.  We also advise on the specific regulatory regimes governing businesses active in particular industries such as transport and energy. 

The advice we provide on matters related to EU, competition and regulatory law, includes:

  • Competition law compliance statements and training
  • EU and UK merger control
  • Ensuring agency, distribution and other commercial contracts are competition law compliant
  • Anti-competitive agreements
  • Abuse of dominance
  • State aid
  • Funding and grants including Regional Selective Assistance
  • Public procurement
  • Shared services / joint procurement
  • Challenge of public procurement decisions
  • Statutory functions and statutory powers

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