Roche Lietuva tender specifications challenge
Risk Mechanism
Tender technical specifications were narrowly drafted in ways that appeared to favor particular manufacturers’ products, limiting equivalent solutions and restricting competition.
Case Summary
In Roche Lietuva UAB v Kauno Dainavos Poliklinika, a supplier challenged technical specifications for medical diagnostic equipment and materials on the basis that they were overly specific and restrictive. The Court of Justice of the European Union held that contracting authorities must justify technical requirements and ensure that specifications respect equal treatment, proportionality, and the possibility of equivalent solutions.
Risk Lesson
This case illustrates how narrowly framed technical specifications can restrict effective competition by favouring particular products or suppliers over equivalent solutions. It highlights warning signs such as product-specific requirements, weak justification for restrictive technical criteria, limited acceptance of equivalent solutions, and tender design aligned more closely with a preferred manufacturer than with functional procurement needs.
Reference
Court of Justice of the European Union. (2018). Roche Lietuva UAB v Kauno Dainavos Poliklinika, C-413/17. Available from: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62017CJ0413