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Tendering: Top Trumps
David McGowan and Michelle Boles review the case law on disclosure of third-party confidential documents in procurement litigation ‘Before disclosing confidential information to a competitor, the national court must allow the affected economic operator an opportunity to plead confidentiality.’The lot of the unsuccessful tenderer is not a happy one. Fortunately, there is help at hand. …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Amaryllis Ltd and HM Treasury no. 2 [2009] EWHC 1666 (TCC)
- Croft House Care Ltd & ors v Durham County Council [2010] EWHC 909 (TCC)
- Healthcare at Home Ltd v The Common Services Agency [2011] CSOH 22; [2012] CSOH 75; [2013] CSIH 22; [2014] UKSC 49
- Strabag Benelux NV v Council of the European Union [2003] ECR II-135
- Varec v Belgium [2008] EUECJ C-450/06