Business areas in focus

Procurement

Challenges and requirements

Numerous formal rules must be complied with when organising and implementing a tender process, The Danish Act on the Enforcement of Tender Rules 2010 has given the Danish Public Contracts Appeals Board a number of additional powers, and the Board plays a significant role as an enforcement organ. An increasing number of complaint cases are being instigated and specialised advice is required in order to ensure the successful conduct of such cases.

How we can help

Our clients frequently require our assistance with respect to the practical, strategic and legal aspects of the procurement process. It is our mission to ensure that the tender documents and process are framed and organised in a manner, which results in the purchase of goods/services with the desired quality and at the best price, from the perspective of the contracting entity, as well as complying with all applicable rules.

We have a strong reputation in the hybrid field between enterprise, procurement and public private companies and partnerships, where our specialists collaborate on projects for public authorities or companies, which are subject to EU procurement directives or the Danish Public Tenders Act. We advise, moreover, on procurement issues arising in connection with mergers and acquisitions and privatisations.

Our advice encompasses, among others:    
  • Investigation of duty to invite tenders
  • Clarification of tender strategy
  • Implementation of tenders
  • Drafting of tender documentation
  • Evaluation of offers received, including compliance with tender conditions
 
  • Project management
  • Contract drafting
  • Right of access to documents
  • Preparation of tenders and quality assurance
  • Conduct of cases before the Danish Public Contracts Appeals Board and the courts   

 

Our ratings

Chambers Europe Rating 2012

Competition and European Law

This full-service team advises on a broad range of competition matters and public procurement mandates. Its large client portfolio includes GlaxoSmithKline, Bang & Olufsen, Scania and Cheminova. Peers applaud its work in state aid in particular. Sources say: "There is no doubt of this firm's skill in the competition field."

Highly experienced litigator Peter Stig Jakobsen handles both competition and public procurement issues. Jesper Kaltoft is noted for his excellent merger control work. Market commentators highlight Michael Honoré for his state aid expertise. Simon Evers Kalsmose-Hjelmborg is commended for his prowess in public procurement and competition law matters.

Chambers and Partners Europe, Competition/European Law

Legal 500 Rating 2012

EU and Competition

Bech-Bruun is praised for ‘great industry knowledge’ and ‘quick, precise’ advice on state aid, anti-competitive practices, merger control and public procurement. Group head Simon Evers Kalsmose-Hjelmborg, who has ‘overall strength in EU matters’, and the ‘top-class’ Michael Honoré act for Energinet.dk and DSB in complex state aid cases. The ‘competent, responsive’ Peter Stig Jakobsen successfully represented Viasat UK Broadcasting against TV 2 in the Supreme Court. Jesper Kaltoft is representing 1,106 claimants seeking €590m from DONG Energy for abuse of dominance and excessive pricing.

Legal 500, EU and competition

Infostream

Academy for clients 01 December 2011
Copenhagen

Public procurement law