Scottish Law Forum / PLA Joint Event – 27 April
2011
Date: Wednesday 27 April 2011
Time: 1700 – 2000
Venue: Maclay Murray & Spens LLP
1 George Square
Glasgow
G2 1AL
The Office of Fair Trading published its cross-sectoral
study into the role of competition in the commissioning of public
services. The study aims to guide policymakers and public
sector purchasers at all levels of government on how to
appropriately take competition issues into account. Among the
issues addressed are:
• Key challenges for the public sector in moving away from
self-supply;
• The pros and cons of permitting SMEs and newly formed
enterprises to tender; and
• Ensuring competition down the supply chain.
Competition authorities and procurement law both, in the broad
sense, aim to achieve best value for money. However, can the
respective regimes conflict? To what extent might rigid
adherence to the procurement rules produce an adverse effect on
competition? How far can the broader effect on the market be
taken into account in a tender?
The study can be accessed here:
http://www.oft.gov.uk/shared_oft/reports/comp_policy/OFT1314.pdf
The topicality of these issues is assured, particularly in the
context of the current public spending environment and the European
Commission’s Green Paper on possible modernisation and reform of
the EU procurement rules.
Our three speakers were:
Haris Irshad, OFT. Haris' presentation focussed on the key
findings of the OFT's study and offered her own
reflections. Haris' slides can be accessed here.
Maria Weir, Intellectual Assets Centre. With many years
experience of fostering SME's and third sector organisations in
bidding for public tenders, Maria gave her thoughts on the
legal and practical difficulties facing these bodies in the current
procurement environment. Maria's slides can be accessed
here.
Fod Barnes, Oxera. With many years experience of giving
strategic, economic advice to the public sector at the interface of
regulation, competition and procurement, Fod gave an economist’s
perspective. Can the various aims being pursued be reconciled
or will the market dictate particular outcomes? As a supplier
to government, he was unable to resist the temptation to
comment from that standpoint. Fod's slides can be accessed
here.
For information regarding these organisations and details of how
to join please see:
http://www.procurementlawyers.org/
http://scotcomp.org.uk/