Skip to main content

We've saved some files called cookies on your device. These cookies are:

  • essential for the site to work
  • to help improve our website by collecting and reporting information on how you use it

We would also like to save some cookies to help tailor communications.

BETA
You're viewing an updated version of this service - your feedback will help us to improve it.

Contract Award Notice

Economic expert for legal proceedings in the Competition Appeal Tribunal.

  • First published: 18 May 2016
  • Last modified: 18 May 2016
  • Version: N/A
  •  

  • This file may not be fully accessible.

  •  

Information icon

The buyer is not using this website to administer the notice.

To record your interest or obtain additional information or documents please find instructions within the Full Notice Text. (NOTE: Contract Award Notices and Prior Information Notices do not normally require a response)

Contents

Summary

OCID:
Published by:
Competition and Markets Authority
Authority ID:
AA45615
Publication date:
18 May 2016
Deadline date:
-
Notice type:
Contract Award Notice
Has documents:
No
Has SPD:
No
Has Carbon Reduction Plan:
N/A

Abstract

The expert will be instructed as an independent economic expert in appeal proceedings which challenge the Competition and Markets Authority's final decision in a recent Competition Act 1998 investigation. The expert must be able to opine and provide independent expert evidence on pay for delay agreements, also known as reverse payment settlement agreements, and be a renowned leader in the economic thinking in that area.

Full notice text

Contract award notice

Results of the procurement procedure

Section I: Contracting authority

I.1) Name and addresses

Competition and Markets Authority

Victoria House, Southampton Row

London

WC1B 4AD

UK

Telephone: +44 2037386543

E-mail: luciana.marenna@cma.gsi.gov.uk

NUTS: UKI

Internet address(es)

Main address: https://www.gov.uk/government/organisations/competition-and-markets-authority

I.4) Type of the contracting authority

Ministry or any other national or federal authority, including their regional or local subdivisions

I.5) Main activity

Economic and financial affairs

Section II: Object

II.1) Scope of the procurement

II.1.1) Title

Economic expert for legal proceedings in the Competition Appeal Tribunal.

II.1.2) Main CPV code

73210000

 

II.1.3) Type of contract

Services

II.1.4) Short description

The expert will be instructed as an independent economic expert in appeal proceedings which challenge the Competition and Markets Authority's final decision in a recent Competition Act 1998 investigation. The expert must be able to opine and provide independent expert evidence on pay for delay agreements, also known as reverse payment settlement agreements, and be a renowned leader in the economic thinking in that area.

II.1.6) Information about lots

This contract is divided into lots: No

II.1.7) Total value of the procurement

Lowest offer: 100 000.00  GBP/ Highest offer: 200 000.00  GBP

II.2) Description

II.2.3) Place of performance

NUTS code:

UKI


Main site or place of performance:

London.

II.2.4) Description of the procurement

The expert will be instructed as an independent economic expert in appeal proceedings which challenge the Competition and Markets Authority's final decision in a recent Competition Act 1998 investigation. The expert must be able to opine and provide independent expert evidence on pay for delay agreements, also known as reverse payment settlement agreements, and be a renowned leader in the economic thinking in that area.

II.2.5) Award criteria

Quality criterion: The expert must have extensive knowledge of anti-trust/competition law and enforcement practice, particularly in relation to cases involving pay for delay agreements / Weighting: 30

Quality criterion: The expert must have extensive knowledge of economics, IP and the pharmaceutical market/sector / Weighting: 20

Quality criterion: The expert must have significant academic experience on the subject of pay for delay agreements / Weighting: 20

Quality criterion: The expert must have experience of having worked for an enforcement agency/regulator / Weighting: 10

Cost criterion: Expert must provide value for money to the CMA / Weighting: 20

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Section IV: Procedure

IV.1) Description

IV.1.1) Type of procedure

Award of a contract without prior publication of a call for competition

Justification for selected award procedure:

The works, supplies or services can be provided only by a particular economic operator for the following reason: absence of competition for technical reasons

Explanation

The award of this contract has been made without prior publication in the Official Journal of the European Union on the basis that:

a. The services can be supplied only by a particular economic operator on the basis that competition is absent for technical reasons and no reasonable alternative or substitute exists: See regulation 32(b)(ii) of the Public Contract Regulations 2015 (‘the 2015 Regulations’).

The Competition and Markets Authority (‘the CMA’) has concluded that Professor Shapiro has the particular expertise on the issues on which the CMA may require independent expertise during the course of the appeals.

b. For reasons of urgency, the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with: Regulation 32(c) of the 2015 Regulations.

The CMA only has a 6-week period in which to prepare its defence and witness evidence (including expert evidence), pursuant to the Competition Appeal Tribunal Rules 2015. Given that the deadline for any party to file their notice of appeal is 12.4.2016, the CMA needs to instruct Professor Shapiro immediately in order to assist in the preparation of the CMA's case.

IV.1.3) Information about a framework agreement or a dynamic purchasing system

The procurement involves the establishment of a framework agreement

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: No

Section V: Award of contract

A contract/lot is awarded: Yes

V.2 Award of contract

V.2.1) Date of conclusion of the contract

27/04/2016

V.2.2) Information about tenders

Number of tenders received: 1

The contract has been awarded to a group of economic operators: No

V.2.3) Name and address of the contractor

Professor Carl Shapiro

80 Gravatt Drive, Berkeley

California

CA 94705

US

NUTS: UKI

The contractor is an SME: No

V.2.4) Information on value of the contract/lot (excluding VAT)

Total value of the contract/lot: Lowest offer: 100 000.00  GBP / Highest offer: 200 000.00  GBP

V.2.5) Information about subcontracting

Section VI: Complementary information

VI.3) Additional information

To view this notice, please click here: https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=197990731

GO Reference: GO-2016513-PRO-8203598.

VI.4) Procedures for review

VI.4.1) Review body

Competition and Markets Authority

Victoria House, Southampton Row

London

WC1B 4AD

UK

Telephone: +44 2037386543

VI.5) Date of dispatch of this notice

13/05/2016

Coding

Commodity categories

ID Title Parent category
73210000 Research consultancy services Research and development consultancy services

Delivery locations

ID Description
100 UK - All

Alert region restrictions

The buyer has restricted the alert for this notice to suppliers based in the following regions.

ID Description
There are no alert restrictions for this notice.

About the buyer

Main contact:
luciana.marenna@cma.gsi.gov.uk
Admin contact:
N/a
Technical contact:
N/a
Other contact:
N/a

Further information

Date Details
No further information has been uploaded.

0800 222 9004

Lines are open 8:30am to 5pm Monday to Friday.

Rydym yn croesawu galwadau'n Gymraeg.

We welcome calls in Welsh.