Procurement & Competition law

Clairfort occupies a leading position in procurement and competition law. Its position is acknowledged in international guides in these fields of law. Clairfort’s clients in these fields of law are from diverse backgrounds. Those clients include international corporations as well as small and medium enterprises. In this respect the emphasis lies in the sectors of transport, utilities (energy and waste), supermarkets, health care and education, as well as industry, ICT, construction, real estate and trade in the broad sense of the term.

Procurement law

European and Dutch procurement law governs the procurement of contracts, concessions and framework agreements by public authorities. Clairfort assists with procurement services for the purposes of preparing and conducting tenders, and in this respect provides advice and procedural assistance in this respect. Among others, Clairfort advises on whether there is an requirement to organize a public tender, how to arrange ‘quasi in-house’ contracts or public-public partnerships and the grant of exclusive rights.

Clairfort also helps market players. This mainly involves advice in relation to the submission of tenders for contracts and concessions, as well as related litigation usually in the form of summary proceedings or with the Committee of Procurement Experts [Commissie van Aanbestedingsexperts].

Furthermore, Clairfort provides for a start to finish assistance, through its project-based legal support which Clairfort provides. For example, Clairfort provides advice to contracting authorities and other buyers as they determine their contracting and procurement strategies. Our services also include drafting tender documents, organising and assisting with tendering procedures, participating in dialogue rounds and contractual arrangements.

In addition, Clairfort has specific expertise in the field of procurement in relation to property and construction projects. You may read more about this here on our Property & Construction expertise pages.

Competition law

The Dutch Competition Authority (ACM) oversees compliance with the prohibition of cartels and the abuse of dominance, and with the market and government codes of conduct. The oversight of amalgamations (reporting mergers and acquisitions) has also been entrusted to the ACM. Clairfort’s competition lawyers have extensive experience assisting businesses in relation to Dutch and European competition law and enforcement by the ACM and European Commission. This includes reporting mergers and acquisitions, assisting with cartel investigations, litigation before the District Court of Rotterdam and the Trade and Industry Appeals Tribunal, and providing advice on joint ventures and compliance.

Regulatory or market regulation law

Regulatory (or market regulation) law is the name for the administrative law governing a specific sector, such as the rules stipulated in the Pension Portability Act [Wet Personenvervoer] 2000, the Environmental Management Act [Wet Milieubeheer] and the Health Care (Market Regulation) Act [Wet marktordening gezondheidszorg]. Clairfort is a specialist in the regulatory fields of the health, public transport, agriculture, fishery, waste management and education sectors. In those sectors it provides advice on competition, regulation and administrative law (procedural or otherwise).

State aid

The prohibition of state aid and the related regulations governing services of a general (economic) interest, as well as the market and public authorities constitute Clairfort’s core expertise. Clairfort’s role in these fields is wide-ranging and varies from the provision of advice in relation to local area development to that concerning the application of the prohibition of fiscal state aid.