In RPS Consulting Engineers Limited ("RPS") v Kildare County Council (the "Council"), the High Court found that the Council had a legal obligation to provide RPS, an unsuccessful tenderer, with reasons that have been individually considered and formulated so as to clearly specify the relative advantages of the winning tenderer over RPS.
EU, Competition & ProcurementIn Powerteam Electrical Services Limited ("Powerteam") v Electricity Supply Board ("ESB") the High Court granted an application for the lifting of an automatic suspension order. The Court applied the established Campus Oil principles holding that while damages would not be an adequate remedy for the applicant, the balance of convenience clearly favoured the lifting of the suspension.
EU, Competition & ProcurementIn BAM v the National Treasury Management Agency ("NTMA"), the High Court found that the NTMA had a power to accept and evaluate tender documents submitted after the tender deadline. This is the first case where the issue of late tenders has been considered in detail by an Irish court and the first case where an Irish court has ruled on the issue of late tenders in the context of a completely elec
EU, Competition & ProcurementIn Word Perfect Translation Services Limited ("Word Perfect") v The Commissioner of an Garda Síochána (the "Commissioner"), the High Court held that Word Perfect's application for injunctive relief did not concern: (a) an alleged wrong taking place during the course of a procurement procedure; or (b) an application for review at the end of a procurement procedure.
EU, Competition & ProcurementOn 8 December the European Commission sent a reasoned opinion to Ireland and 14 other Member States requesting them to fully transpose one or more of the three new directives on public procurement and concessions into national law (Directives 2014/23/EC, 2014/24/EC and 2014/25/EC).
EU, Competition & ProcurementThe EU conducts regular surveys of attitudes among the 500 million people across the Union. This is the so-called Standard Eurobarometer poll.
BrexitOn 13 September 2016, Ireland's Competition and Consumer Protection Commission ("CCPC") announced that it had issued: (a) witness summonses; and (b) information requests to various parties in the motor insurance sector in Ireland.
EU, Competition & ProcurementEU, Irish and UK competition law prohibit price-fixing between competitors in relation to goods and services. This prohibition applies in whatever way such goods or services are sold to customers. In an important restatement on 7 November, the UK antitrust regulator, the Competition and Markets Authority (CMA), announced that it had launched a campaign to alert online sellers of goods and services
EU, Competition & ProcurementThe Court of Justice of the European Union (CJEU) has handed down its decision following a request for a preliminary ruling from the Danish Supreme Court. In Finn Frogne A/S v Rigspolitiet ved Center for Beredskabskommunikation (C 549/14), the CJEU held that the terms of a settlement agreement can constitute an illegal modification to a public contract which therefore would require a new tendering
EU, Competition & ProcurementDr Vincent Power of A&L Goodbody spoke at the Public Affairs Ireland Brexit conference on 21 October 2016. He spoke about the likely impact of Brexit on public administration, government and international relations from the legal perspective.
BrexitArticle 50 is fast-becoming the most quoted but least read legal provision in the contemporary world.
EU, Competition & ProcurementEU Competition Commissioner, Margrethe Vestager, gave an interesting perspective on mergers in the mobile phone market in a speech to the Forum for EU-US Legal-Economic Affairs in Paris on 15 September 2016.
EU, Competition & Procurement