EU, Procurement, and Competition Law

EU, procurement, and competition law is a complex field where rules and practices are constantly evolving. Fines for breaching competition rules are often substantial, and the frequently dramatic claims for damages from customers can put even the best-run companies at risk. At the same time, procurement law offers significant opportunities, and companies that are able to navigate the rules safely can secure long-term and valuable partnerships.

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Practice Area

Your partner in a complex world of regulation and directives

Our team of experienced and renowned attorneys has deep insight into both Danish and EU legal aspects of competition law and procurement law. We work proactively and purposefully to prevent problems — always grounded in a thorough understanding of your business.

We have a strong portfolio of international clients, particularly in the life sciences and medtech sectors. We provide guidance on EU and Danish regulation, covering everything from anti-competitive agreements and abuse of dominant market positions to parallel imports, state aid rules, international trade issues, public tenders and EU tenders. Our experience with these highly regulated and innovative-driven industries means we understand the unique challenges and opportunities companies in these sectors face.

Our experienced specialists stay ahead of the latest trends and rulings in the EU, and we keep our clients updated, ensuring they remain one step ahead.

Legal precision in tender procedures

Public procurement law is an integral part of EU law and a crucial tool to ensure equal treatment, transparency, and effective competition for public contracts. The rules are detailed and technically complex – and even small mistakes can have major consequences.

At Lund Elmer Sandager, we advise both contracting authorities and bidders throughout the entire procurement process – from strategic planning to evaluation, access to documents, and potential complaints. For decades, we have represented clients before the Complaints Board for Public Procurement, and we are just as comfortable assisting in informal dialogues and preventing regulatory errors.

We advise on, among other things:

Threshold values and choice of procurement procedure
Preparation and quality assurance of tender documents
Review of award and selection criteria
Grounds for exclusion and self-cleaning
Complaints and access to documents

EU regulations are not a roadblock

We combine expertise with creativity. With our in-depth understanding of EU directives, as well as regulatory practices and approaches, we facilitate constructive dialogues and develop solutions that prevent conflicts. However, when necessary, we are ready to fight for your case whether it involves obstructive EU directives, unfair practices by competitors, misinterpretations by authorities or a case before the Complaints Board for Public Procurement.

We can assist you with e.g.:

Anti-competitive agreements, such as distributor and supplier agreements
Market definitions and lawful competition frameworks
EU block exemption regulation and Danish specific rules
Joint ventures, mergers, divestitures, and acquisitions
VAT, customs, and discriminatory taxes
Parallel imports and exports
The right of establishment and free movement of goods
Interpretation and application of EU directives and regulations
EU procurement rules
Cases before the Complaints Board for Public Procurement
SKI tenders and public procurement rules

You are in safe hands when we look after your interests — whether you need sparring, analyses, or specific advice. We make complex rules and EU regulation manageable and find solutions that make a real difference for your business. Contact one of our specialists to discuss how we can assist you.