Specialised

Procurement Law

Excellent procurement law know-how is a fundamental element of our expertise, availed of by clients in all industries including the health, energy, construction, transport, infrastructure, broadband cable and telecommunications sectors. We assist both public principals as well as bidders throughout the entire procurement process. Where necessary, we effectively enforce procurement law claims before the relevant chambers and courts with our litigation experience of more than twenty years.

Others about us

“The cooperation is excellent. The quality of advice is outstanding. After a few minutes of conversation, it becomes apparent that the Oppenländer law firm has a very large overview of what is going on in the practice”.

Legal 500 2023

“Extremely knowledgeable, reliable and time efficient”.

Legal 500 2023

“You get the feeling that the lawyers are highly committed to the case. The cooperation was fun. A high team spirit was self-evident, as was the ambition to take on the challenges. The result of the legal matter was 100% in favour.”

Legal 500 2023

“From the very beginning, the client was very well looked after: I immediately got an appointment with two lawyers who were very competent and also discussed the further procedure and tactics in a confident manner – I felt well looked after. The written pleadings were very detailed and professional; all in all, one can assume a high level of expertise and professional experience”.

Legal 500 2023

“Extremely high expertise, speed and competence, extremely high industry knowledge”.

Legal 500 2023

JUVE counts Dr. Matthias Ulshöfer among the frequently recommended lawyers in antitrust and public procurement law and quotes a competitor: “top prepared, strong”.

JUVE-Handbuch 2022/2023

“well prepared, highest specialist knowledge, rapid understanding of new issues, uncomplicated and clear communication, reassuring presence“

JUVE Handbook 2021/2022

“…not only explain the legal requirements and obstacles in very understandable form but also indicate sustainable, reliable and economically practical solutions. Their knowledge of public transport services and administrative law is objectively evaluated and impresses even professional colleagues.“

Legal 500 Deutschland 2020

“OPPENLÄNDER Rechtsanwälte’s procurement team acts with foresight and at all times ensures respectful, open communication.“

Legal 500 2022 Procurement Law

Focuses

Anti-trust Law and Competition Register

Anti-trust law and procurement law have always been related. Both are regulated in the Act against Restrictions of Competition (GWB). In many procurement instances, anti-trust issues from the admissibility of bidder syndicates, double participation, submission agreement and grounds for exclusion including in cases of the purchasing power of public bodies arise. Those connections are further strengthened by the new competition register of the Federal Anti-trust Office. We have dealt with both legal areas for many years from our own resources. That is one of our traditional strengths.

Public Principal

We act for public principals at all administrative levels. We are familiar with the specific and often sensitive issues raised by ministries, regions and municipalities and by public service companies and securely support our clients throughout the various procedural stages.

Bidders

Bidders are primarily interested in their tender being successful on the best possible conditions. Precision, speed and avoidance from the outset of loss of rights are crucial in procurement law characterised by the principle of urgency to a greater extent than any other legal area.

Anti-dumping and Anti-subvention Proceedings

Invitations to tender are characterised by hard price competition. That is, in principle, in the interests of economic procurement. However, there are limits. Obviously low prices and strategies associated with “predatory pricing“ are restricted by procurement law and anti-trust law. Increasingly, anti-dumping and anti-subvention proceedings conducted with great determination by the EU Commission in the tendering markets, especially against imports from China, but also Russia, are additional restrictive features.

Procurement Review Proceedings

The legislator has provided bidders, in the case of contracts above the EU thresholds, with a very effective legal protection possibility in the procurement review proceedings. We are aware of the possibilities and risks of such proceedings from conducting many successful cases.

Procurement in the Transport Sector

With the ending of the transition period of Reg. (EC) No. 1370/2007, transport procurement proceedings concerning the networks and routes on the road and on the railways have considerably gained in significance.

Procurement in the Defence and Security

Procurement in defence & security increases in significance all the time. Essentially, the tightrope between legitimate interest in secrecy on the one hand and the transparency and non-discrimination required by procurement law on the other hand is concerned.

Your team

Dr. Matthias Ulshöfer

+49 (711) 60187-290
ulshoefer@oppenlaender.de

Dr. Corina Jürschik-Grau

+49 (711) 60187-180
juerschik@oppenlaender.de

Dr. Joachim Ott

+49 (711) 60187-236
joachim.ott@oppenlaender.de