Op-Ed: “More Nuanced Procurement Transparency to Protect Competition: Has the Court of Justice Hit the Brakes on Open Procurement Data in Antea Polska (C-54/21)?” by Albert Sanchez-Graells

In Antea Polska (C-54/21), the Court of Justice provided further clarification of the duties incumbent on contracting authorities to protect the confidentiality of different types of information disclosed by economic operators during tender procedures for the award of public contracts. Managing access to such information is challenging. On the one hand, some of the information will have commercial value and be sensitive from a market competition perspective, or for other reasons. On the other hand, disappointed tenderers can only scrutinise and challenge procurement decisions reliant on that information if they can access it as part of the duty to give reasons incumbent on the contracting authority. There is thu