Public procurement of ICT products in Europe still affected by reference to brand names

Event date:
Published on: 21/10/2014

Maël Brunet

Tuesday 28th October 2014 (4:00 p.m - 4:30 p.m. CET)


Through this brief webinar Maël Brunet from Open Forum Europe (OFE) will share with the audience insights of EU Member States' practice of referring to specific trademarks when procuring for Computer Software Packages and Information Systems.

Indeed, in OFE’s latest report released in July 2014 (OFE Procurement Monitoring Report 2013 – 2nd Snapshot), it resulted that 22% of all tender notices issued contained an explicit reference to specific brands – an increase of 5% since  previous report published in October 2013.

EU procurement laws (Directives 2004/18/EC and 2014/24/EU) try to ensure that public procurement at both national and EU level gives equal treatment to potential bidders and doesn't discriminate in favour of one or another supplier.

Naming trademarks in tenders is viewed as discriminatory, and is usually against existing EU procurement laws, except under specific and exceptional circumstances. By specifying one preferred supplier, public bodies are inadvertently helping dominant firms maintain their stronghold on markets to the detriment of smaller competitors. In addition, the lack of competition often leads to greater expenses, resulting in a waste of EU's taxpayers money.

If you are a public procurer, a representative of a sector-organisation, a researcher on similar topics, or if you are simply interested in the topic, join the chat with Maël, in order to discover how the public procurement of ICT products in Europe is still affected by reference to brand names.

Maël joined OFE in mid-2012 and is currently Director in charge of European Policy & Government Relations. From the Brussels office he leads OFE's EU public policy strategy and serves as the main contact point in Brussels. He works on a diversity of topics including data protection, cybersecurity, standardisation, public procurement, Internet regulation, copyright and patent-related issues.


Relevant publications you might want to read before the webinar:

1 - OFE Procurement Monitoring Report 2013 – 1st Snapshot

2 - OFE Procurement Monitoring Report 2013 – 2nd Snapshot

3 - OFE Press Release 15th July 2014 “Public procurement of ICT products in Europe still afflicted by references to brand names


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