Public Procurement

Practice Areas

Our experience in both EU and Irish public procurement law is unparalleled. We act across a range of sectors, for public bodies, local authorities, utility companies and businesses in the areas of works, supplies, services and concessions. We maintain close ties with relevant EU and Irish officials, including those in the European Commission, the Department of Finance and the National Development Finance Agency.

We specialise in helping contracting authorities (including utility companies) to run projects in compliance with applicable EU and Irish rules. We focus on minimising any risks to project delivery.

Where things go wrong we specialise in advising in relation to possible Court challenges. We advise unsuccessful bidders on how best to approach debriefing meetings.

Relevant experience includes:

Challenging the contract decisions of public bodies under EU and Irish procurement rules
Advising contracting authorities on the preparation and management of procurement processes governed by EU or Irish rules
Preparing the relevant contract notices and scoping the project
Advising contracting authorities regarding pre-qualification and short-listing of consortia
Preparing the requests for proposals and other tender documentation
Advising on preferred bidder selection

Related Practice Areas

Related Industry

Our experience includes advising / acting for:

Railway Procurement Agency on the EU and Irish competition and public procurement aspects of the establishment of the Leap Card, an integrated ticketing system for transport in Dublin.
University College, Dublin (UCD) on the public procurement aspects of Project Gateway, a major mixed-use development of significant architectural merit on a landmark site at the major entrance to UCD’s Belfield campus.
Advanced Totes in successful High Court and Supreme Court judicial review proceedings against a public procurement decision of Bord na gCon.
Irish Rail on the EU public procurement aspects of the purchase of a specialist software system.
FÁS on various EU and Irish public procurement matters.

2 Jan

2019

Increased Irish Merger Control Thresholds Enter into Force

21 Nov

2018

Data Protection Could Be a Second Bite at the Apple for EU Competition Regulators

Apple's acquisition of Shazam initially sparked competition concerns but during the subsequent European Commission investigation data protection emerged as a potential concern.

9 Oct

2018

Increased Irish Merger Control Thresholds

The turnover thresholds under which a proposed transaction must be notified to Ireland's Competition and Consumer Protection Commission (the "CCPC") are likely to be increased shortly.

1 Jun

2017

Department

William Fry has a strong reputation for advising on merger control, particularly the negotiation of remedies with the CCPC, and is active in state aid and public procurement matters. One client describes the competition team as "excellent, easy to interact with and responsive." Legal 500 2020
William Fry's competition team has been described as "top of the range and a leader in the field." Another interviewee highlights the firm's ability to pull together lawyers from related practice areas, saying: "The teams collaborate well; they are well integrated and work seamlessly." Chambers Europe 2020
The team at William Fry is "super responsive, gives thorough and comprehensive advice and is particularly good at handling foreign-based commercial clients". The practice is known for its strength in merger control matters. Legal 500 2019
One client said the department was "Highly responsive, commercially strategic and able to work with very tight deadlines. They have a clear understanding of both the commercial and technical legal issues and give clear and direct advice". Another client states "The firm is super responsive, gives thorough and comprehensive advice and is particularly good at handling foreign-based commercial clients who need to be serviced 24/7". Chambers Europe 2019
Commentators say: "William Fry has one of the top competition law practices in Ireland. The team's strengths lie in its international outlook and competency across the board. It has a joined-up approach for competition, regulatory, IP and litigation work and it also has its feet firmly on the ground in the Irish market." Clients note that the team is "very responsive to our needs, acting fast when requested but also giving us downside risk advice when necessary. Their industry knowledge is high and they have good relationships with the regulatory authorities." Chambers Europe 2018
Clients appreciate the firm's "practical, business-focused advice," with other sources adding that "they put themselves in your shoes" and "are quick to grasp problems and are solution-oriented." Other sources appreciate that the team "understands the competition market, has good contacts and a very good understanding of the processes." Chambers Europe 2017
William Fry is a ‘top competition firm’, with a ‘technically excellent team’. Legal 500 EMEA 2016

Team

Cormac Little

Interviewees describe Cormac Little as a "savvy and sophisticated" competition lawyer. "He doesn't overcomplicate things unnecessarily, but rather has a practical approach," says one client, while another source reports: "He does not panic and has good judgement." One client admires Cormac's pragmatic approach saying that: "Some competition lawyers tell you everything is a breach, whereas he is very, very practical. I’d consider him to be among half a handful of the best competition lawyers in the very small group.” Chamber Europe 2020
According to Legal 500 2020, Cormac has been described as "an outstanding competition lawyer who gives excellent advice and is able to effectively communicate in a way that overcomes the complexities of the law." Another client notes that Cormac is an "excellent lawyer who has a calm approach and provides efficient and well-reasoned responses."
"He is very quick to understand what the problem is, find insight and give practical advice on how to move forward." Chambers Europe 2019
"Calm, knowledgable" team head Cormac Little advised The Irish Times on its acquisition of the Irish Examiner group. Legal 500 EMEA 2019
Department head Cormac Little is renowned in the field of competition law and has a "vast wealth of knowledge in relation to both domestic and EU legislation." One source notes: "He is the epitome of understated excellence - calm, knowledgeable, discreet and quietly strategic in his overall focus." Clients praise his "detailed knowledge of Irish competition law and understanding of the related nuances of engaging with the CCPC." Chambers Europe 2018
Respected practitioner Cormac Little offers a "good balance of experience and practical advice" on a variety of EU and competition matters, including merger control and public procurement. Clients describe him as "a very likeable and calm-inducing lawyer." Chambers Europe 2017
Cormac Little is ‘very knowledgeable and has a good relationship with the regulatory authorities’. Cormac is described as ‘ultra-reliable’. Legal 500 EMEA 2017
Interviewees describe Cormac Little as "lightning quick, and able to comprehend complex issues right away, showing that he is committed to our situation." Chambers Europe 2016
Cormac Little ‘really engages with clients’. Legal 500 2016

Claire Waterson

Claire advises on state aid appeals for public entities and beneficiary companies. She also stands out for her advice to Irish regulators: "Waterson is perfect, unbelievably organised and extremely responsive." reports one interviewee. "She is second to none on procurement and regulatory topics." Chambers Europe 2020
Claire has been described by clients as an "excellent lawyer with a calm approach" who "provides efficient and well-reasoned responses." Another client noted that Claire "is clever and shows keen attention to detail – she makes complex ideas appear simple." Legal 500 2020
Claire is an established figure with a formidable track record in state aid, public procurement and regulated industries mandates. According to one interviewee, she "is a highly organised and efficient lawyer, very very process-driven, always thinking of the next step and how to maximise your position at every point." Chambers Europe 2019
Claire Waterson is "calm, considered and practical," according to market sources. She is regarded as an expert on competition, regulatory and procurement issues. One commentator remarks: "She is very concise, good with clients and knows her stuff. She has a good combination of business sense and competition acumen which is very good for clients." Chambers Europe 2018
Clients say that she is "very cool and measured, with a real conciseness in how she thinks about issues." Chambers Europe 2017
Claire is ‘very knowledgeable and has a good relationship with the regulatory authorities’. Legal 500 EMEA 2017
Clients say she has a "very smart, analytical brain, and is good on the nuances of EU directives." Chambers Europe 2016

Sheila Tormey

Clients have described Sheila as "impressive" and "a professional, slick operator. She’s a stickler for detail. Great on transactions and mergers.” Another client adds that she "provides practical and sensible advice on complex work, is responsive and makes life easy for us. She combines technical expertise with a commercial approach. There is nothing to improve.” Chambers Europe 2020
Sources highlight her client care, with one explaining: "She is pleasant and responsive and has a thoroughly commercial approach at all times." She advised Irish Life Group on competition elements of its acquisition of a strategic shareholding in Invesco. Chambers Europe 2019
Sheila is "excellent". Legal 500 2018
Sheila Tormey "handles matters with great efficiency and provides concise and pragmatic advice," according to sources. She is especially noted for her expertise in the telecommunications and financial services sectors. Interviewees report that "she has impressed with her ability to manage a large case and in anticipating and meeting client needs." Chambers Europe 2018
Sheila Tormey "handles matters with great efficiency and provides concise and pragmatic advice," according to sources. Interviewees report that "she has impressed with her ability to manage a large case and in anticipating and meeting client needs." Chambers Europe 2018
Interviewees appreciate that Sheila Tormey"goes out of her way to understand the client's case," noting "her great expertise in the EU and competition law." Chambers Europe 2017
State aid expert Sheila Tormey shows ‘excellent attention to detail’. Legal 500 EMEA 2017
According to clients Sheila Tormey is"commercial, and able to see the bigger picture, yet highly accurate and thorough in her approach." Chambers Europe 2016
Sheila is ‘a strategic thinker’. Legal 500 2016

Sarah Lynam

Sarah Lynam has been ranked as a 'Star Associate' in Chambers Europe 2020. She is singled out by interviewees for her ability to "give clear, concise and high-quality advice." and described her as "an impressive character". Another client admires Sarah for her "ability to give clear, concise and high quality advice on the legal issues surrounding a complex mandate," adding that she "compares very excellently with the legal advisors I have dealt with over the dozen or so years I have been involved in competition enforcement.”
Sarah Lynam "Routinely advises on competition law and sectoral regulation and is recognised by commentators for her technical ability and responsiveness. She was part of the team advising Exponent Private Equity on the Irish merger control aspects of its acquisition of the Racing Pos". Chambers Europe 2018
One client states "Senior associate Sarah Lynam has a remarkable record advising significant corporate clients on regulatory and compliance issues. She covers the full spectrum of competition mandates, including merger notifications, investigations and regulated industries". Chambers Europe 2019