Procurement: What – How? | Transparency vs. commercial interests in public procurement
18 augustus 2025
Transparency is a fundamental principle of procurement law. But what if the contracting authority, in the course of a procurement procedure, makes use of documents originating from third parties that are subject to intellectual property rights (IP rights)? For instance, a scoring methodology where the third party insists that, for reasons of rights and commercial interests, the underlying formulas must not be disclosed?