Healthcare is one of the most highly regulated markets in Europe.

At the same time, conclusions of contracts with statutory health and nursing insurance funds always touch upon public procurement law issues, in particular contracts concerning the provision of services governed by the social security code (SGB V).

The public healthcare sector in Germany (and other European countries) is characterised by constant reform. Whilst the regulatory framework is rapidly changing, legislative proposals and existing regulations must also regularly conform to Union law and the Court of Justice of the European Union’s (CJEU’s) jurisprudence. The existing multi-tiered complex of rules leads to a wide range of systematic and substantial inter-dependencies.

In addition, there is a vast number of operators on the market which differ significantly in size, in their interests and in how well they are connected. The jurisdiction for remedies and judicial review is split – depending on the subject matter – between the procurement review tribunals, the civil, the social and even the administrative courts.

We have years’ of experience advising pharmaceutical companies on procurement procedures for the supply of pharmaceuticals and of advising producers of medical devices and other contractors in the healthcare sector on procurement procedures by hospital trusts and statutory health insurers. In doing so – as is also the case with contract negotiations and consultations on issues of general interest – we can draw on our expansive network of industry contacts.

We advise contracting authorities on issues of general interest and on especially important procurements for central services, such as information technology.