In Competition… Competition & Public Procurement Law: November 2025 Update
November 2025Welcome to the fourth edition of ‘In Competition’.
We discuss the reforms within the UK rail sector and why some commentators fear this could limit competition to the detriment of passengers. The UK CMA has released new guidance on seeking immunity from penalties in cartel investigations, as well as key aspects of its approach to merger control procedures. Policy steps are also underway to increase competitiveness in infrastructure and insurance.
Meanwhile, public procurement remains active. The EU has opened a consultation on the reform of EU Public Procurement Law, and the new UK regime continues to take shape with new guidance on social value and the competitive flexible procedure. Practitioners at the annual dinner of the Procurement Lawyers Association on 13 November certainly had plenty to chew over.
Competition law
UK – Updated Cartel Leniency Guidance (28 October 2025)
CMA revised its leniency policy to encourage early self-reporting of cartel conduct. The key change is that the first applicant no longer needs to admit infringement immediately, reducing barriers to early disclosure.
Why does this matter? Construction and engineering firms involved in joint bidding or supply-chain collaborations should review compliance programs-leniency race dynamics have shifted.
More information can be found here.
UK – Revised Merger Remedies Guidance consultation (16 October 2025)
The Competition & Markets Authority (CMA) launched a consultation on its draft revised merger remedies guidance (CMA 87), intending to embed its “4Ps” framework (pace, predictability, proportionality, process) into remedy design and procedure. Structural remedies remain preferred, but the draft signals more flexible use of behavioural remedies.
Why does this matter? For infrastructure and engineering deals, which are often large and complex, this signals earlier clarity on clearance and remedy design. Deal-makers must factor in remedy expectation as part of structure and timetable. Insurers should note enhanced exposure if remedies become conditions precedent in closing.
More information can be found here.
Rail
The Railways Bill introduced in November 2025 will create GBR as a vertically integrated monopoly controlling infrastructure and operations. While efficiency is the goal, experts warn this raises competition law concerns for open-access passenger operators, freight operators, and third-party ticket retailers. Safeguards exist (duties to promote freight and allow third-party ticket sales), but stakeholders question if they are robust enough.
Why does this matter? Rail suppliers and insurers underwriting rail projects should anticipate reduced competitive dynamics and possible regulatory challenges around access and pricing.
More information can be found here.
Collective Action – Boundary Fares Case
The CAT judgment in Gutmann v TOCs (17 Oct) clarified abuse of dominance claims against train operators for failing to make boundary fares accessible. This case tests the scope of exploitative abuses and consumer protection overlap.
Why does this matter? Rail operators and insurers covering fare systems face litigation risk if pricing practices are deemed unfair.
More information can be found here.
Construction
Infrastructure Planning Consultation
UK government opened consultation to streamline consent for Nationally Significant Infrastructure Projects (NSIPs), aiming for faster decisions on 150 projects this Parliament.
Why does this matter? Construction firms bidding for large projects must monitor planning reforms-delays or accelerated timelines affect tender strategy and insurance underwriting for project risk.
More information can be found here
Insurance
FCA Simplification Proposals
FCA proposed easing insurance conduct rules for large commercial contracts, including risk-based product reviews and lighter governance for bespoke policies.
Why does this matter? Insurers and brokers gain flexibility, but must ensure compliance with revised governance standards-especially relevant for public-sector frameworks and construction PI cover.
More information can be found here.
Public Procurement Law
EU – Consultation launched on revising Public Procurement Directives (6 Nov)
Commission opened a 12-week consultation to modernise and simplify procurement rules, aiming for strategic autonomy and sustainability. Legislative proposal expected Q2 2026.
Why does this matter? Signals future changes. Bidders should anticipate more emphasis on green and strategic objectives in EU tenders. More information can be found here.
EU – New procurement thresholds for 2026–2027 adopted (29 Oct)
Commission updated thresholds under Directives 2014/23/EU, 2014/24/EU, and 2014/25/EU to align with WTO GPA currency adjustments.
Why does this matter? Cross-border bidders must check revised values to avoid misclassification and ensure compliance in EU tenders.
Delegated regulation – EU – 2025/2152 – EN – EUR-Lex; Delegated regulation – EU – 2025/2150 – EN – EUR-Lex; Delegated regulation – EU – 2025/2151 – EN – EUR-Lex
UK – Social Value in Procurement
Mandatory Social Value Weighting From 1 Oct, PPN 002 requires at least 10% weighting for social value in tenders, aligned with NPPS goals (jobs, net-zero, resilience).
Why does this matter? Construction bidders must embed measurable social value outcomes and insurers should check any compliance warranties in contracts. More information can be found here.
UK – National Procurement Policy Statement (NPPS) made statutory
Under the Procurement Act 2023, contracting authorities must have regard to the NPPS (section 13). The updated guidance of October 2025 emphasises how procurements must contribute to broader Government missions, including employment opportunities, enhancing skills, net-zero and supply-chain resilience.
Why does this matter? For bidding firms in construction and engineering, tender responses must explicitly map to these policy goals. Insurance advisers should check whether policy-conference risk (failure to embed social/value objectives) is reflected in contract warranties or exclusions.
UK – Procurement Act bedding in
November saw updated guidance and policy notes clarifying Competitive Flexible Procedure and transparency obligations under the Procurement Act 2023.
Why does this matter? Firms must adapt to new procedural flexibility and publication requirements-failure to comply could lead to bid challenges. More information can be found here.
UK and EU – Guidance on thresholds and pipeline notices updated (30 Oct 2025)
UK Further new guidance under the Procurement Act also clarifies when the Act’s standard rules apply (based on contract value) and how pipeline notices must be published via the central digital platform.
Why does this matter? Firms must track whether a procurement triggers the Act (vs legacy PCR 2015). Misclassifying can expose them to bid challenges, standstill re-checks or performance risks. Contracting authorities must publish pipeline notices and bidders must monitor them. More information can be found here.
EU Commission updated thresholds under Directives 2014/23/EU, 2014/24/EU, and 2014/25/EU to align with WTO GPA currency adjustments.
Why does this matter? Cross-border bidders must check revised values to avoid misclassification and ensure compliance in EU tenders. More information can be found here.
If you have any questions about the information discussed, please contact Paul Henty, Deen Taj, and Charlie Bayliss.
Download PDF
