Almgern & Sankamo

Helsinki | Kotka | Kouvola

Public Procurement and Competition Law

We advise our Clients on tenders and public procurement-related assignments, and other assignments occurring between the interface of private and public. In addition, we offer assistance in competition law matters, regardless of the position of our Client. 

Public procurement 

The Finnish public sector spends tens of billions annually as it procures goods, services, and piecework from the private sector. These public procurements are regulated strictly, and often they must be carried out following certain procurement procedures. However, this procedure seems to be relatively unfamiliar to private companies. 

In addition, even the subscriber side is not always familiar with all measures and possibilities made available by the legislation. Therefore, decisions are sometimes made on flawed rules and interpretations. 

Our Clients can resort to our legal advice during the procurement procedure. By reviewing the tender and its appendices, and the proposed terms of the contract, our specialists can improve our Client’s chances to prosper in the competitive tendering. In addition, we help our Client to understand the risks related to the tender. 

If needed, we assist our clients in the Market Court proceedings. In the Market Court, the proceeding is purely written, and the Court focuses on assessing whether the procurement procedures have been carried out following the applicable legislation.  

State aid 

European Union law generally prohibits State aid to undertakings.  

Public aid granted to an undertaking may give the company in question a selective financial advantage, which may distort competition and the functioning of the internal market. Therefore, it is not self-evident whether your company or a rival company may be granted an income transfer from public funds. For example, an underpriced or overpriced contractual arrangement may constitute prohibited state aid. 

However, public aid to undertakings may be compatible with the internal market if it promotes general economic development. 

Our specialists will gladly assist You in assessing the aspects and problems related to the state aid issues, whenever needed.  

Competition law 

In addition to the above-mentioned aspects, competition law comprises the issues of the abuse of dominant position in the market, regulation of corporate acquisitions, regulation of communications markets, and unfair business practices. The supervising authority for the competition-related matters is the Finnish Competition and Consumer Authority. 

If Your business suspects the actions of a rival company, and You want to investigate the matter together with experts, our specialists will provide you with instructions and advice. When required, we will draft necessary requests for clarification and statements. Correspondingly, we also assist our Clients if similar requests are made to them. 

Look after Your company’s public procurement and competition law issues together with Almgren & Sankamo! 

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