12
Jun
How Digital Procurement Platforms (PADs) change procurement
Among the main types of infrastructure needed to achieve full digitization of public procurement are Digital Procurement Platforms, or “PADs.”
On January 1, 2024, the provisions of the new Public Procurement Code on the digitization of tender procedures became fully effective.
12
Jun
Digital tenders and automated procedures: New rules for public procurement
The digitization of tendering procedures is one of the most important issues addressed by the new Public Procurement Code, which systematically reorganizes and significantly changes the rules on the subject. An entire section of the code is devoted to the subject.
18
Sep 23
The new Public Procurement Code: New items, application, and transitional regime
This article is the first in the "Public Procurement Corner" series, providing updates on the new public procurement code with a focus on supplies to NHS bodies.
Thanks to Antonino Iago Gentile for collaborating on this article
21
Feb 21
No competitive procedures are needed to execute research agreements with public entities: The Italian administrative court of last instance overturns the TAR decision
The Italian administrative court of last instance (“Consiglio di Stato”) closed litigation undertaken by Technogenetics S.r.l. that challenged a research agreement entered into by DiaSorin S.p.A. and the Pavia Hospital (which is classified, under Italian law, as a scientific research and healthcare facility, or IRCCS) for the evaluation of certain molecular and serological tests to diagnose COVID-19 (the Consiglio di Stato’s judgement was published on December 17, 2020).
16
Dec 19
Regional Administrative Court of Tuscany: recent judgment on biosimilars
n November 26, 2019, the Regional Administrative Court of Tuscany (Tribunale Amministrativo Regionale – “T.A.R.”, “Court”) ruled on the request for the invalidation of the Regional Council of Tuscany Resolution No. 457/2019 (“Resolution”) concerning the procedures for the supply and use of biosimilars in Tuscany.
4
Dec 19
Under what circumstances may an incumbent associate with a competitor in a public tender? The ICA provides useful guidance in the field of plasma derivatives.
In January 2018, the Italian Competition Authority (AGCM, or “ICA”) launched an investigation for a possible breach of Article 101 TFEU against two international manufacturers of blood-based pharmaceuticals – Kedrion S.p.A (“Kedrion”) and Grifols Italia S.p.A (“Grifols”) – for participating as a joint venture in a public tender (issued by a contracting authority acting on behalf of a group Italian regions, “Intercent-ER”) to collect blood and plasma, to produce plasma derivatives and to deliver these to the Italian National Health System (NHS).