Public Procurement and Competition

Brækhus has experience in all aspects of competition law, both Norwegian and EEA/EU. We regularly assist with merger notifications, including negotiating remedies with relevant competition authorities in order to clear the transaction. We assist clients with legal technological transfer and licensing, R&D cooperation, production collaboration, and distribution/franchise. Furthermore, we assist with the evaluation of dominant position and abusive behaviour.

We assist in all phases of the procurement process, from interpretation of the tender documents to the design of the final bid. We help suppliers with legal forms of collaboration, designing offers that meets the requirements and specifications, negotiation assistance, and supervision at all stages of the process – including complaints and injunctions.

We have extensive experience in assisting foreign companies with tendering for Norwegian public bids and we have developed detailed procedures for assisting foreign companies with all aspects of bidding, negotiations – including potential Norwegian sub-suppliers, as well as mobilization after winning a tender.

We assist with:

Competition Law

  • Competition law assistance during contract negotiations between relevant/potential competitors
  • Competition law quality control of distribution and franchise agreements
  • Compliance training of sales/purchase organizations and other parts of the group with need for knowledge about the prohibition against the competition mitigating agreements, any abuse of leverage
  • Assistance during the dawn raid from the Competition Authority and all other steps in a demand from the authorities, including information request of lawsuits about the validity of the infringement fee
  • Merger notifications and structure of information exchange in the DD of competitors

Acquisition Assistance for Public Authorities

  • Assessment of competition form and implementation of the supplier contact ahead of the competition for public authorities
  • Design of the competitive basis in order to optimize competition for the principal’s needs
  • Continuous advice during the procurement process
  • Complaint and process assistance

Supplier Assistance during Public Procurement

  • Interpretation of possibilities in competitive basis for Norwegian and foreign suppliers
  • Assistance with bidding design, verify qualification requirements, and screening conditions
  • Verify that the bid covers all allocation terms, negotiation assistance
  • Continuous advice during the bidding process
  • Evaluation of the allocation decision and justification
  • Assessment of injunction opportunity and process

Contacts

Christian Bendiksen
Lawyer | Partner | Solicitor (England & Wales)
Mobile : +47 918 52 246
Stein E. Hove
Lawyer | Partner
Mobile : +47 412 11 395