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25.11.2024 | 🇸🇪 Swedish competition authority
The Swedish Health and Social Care Inspectorate, known as IVO, has come under scrutiny for its procurement practices regarding a business system. In November 2023, IVO signed a contract for this system, believing it could be procured without competition due to the existence of only one potential supplier.
However, the Swedish Competition Authority has challenged this assertion, stating that IVO's market research did not adequately demonstrate a lack of competition. The authority argues that the research conducted by IVO fell short of the rigorous standards required to justify the application of the protection of exclusive rights exception under the Swedish Public Procurement Act (LOU).
As a result, the procurement process, which is estimated to be worth over SEK 14 million, is deemed an illegal direct award of contract. The Swedish Competition Authority has expressed concerns about recurring issues in market research conducted by contracting authorities when invoking the exclusive rights exception.
In response to this situation, the Swedish Competition Authority is petitioning the Administrative Court in Stockholm to impose a procurement fine of SEK 1.1 million on IVO for its failure to adhere to public procurement rules.
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