3.34 Unlike Competition Law, which will apply in all instances, the EU Public Procurement Rules may not strictly apply to the formation or procurement of a JV. Even where there is no strict requirement to apply the EU rules to the selection of a partner the principles derived from the EU treaties may still apply. Early analysis of the competition and procurement issues should be undertaken.
3.35 In most cases a public sector body should start with the assumption that some sort of competition will be required to select a suitable partner. Competition and procurement issues are dealt with in detail in Chapter 9. This is a complex area and public sector bodies should seek legal advice in relation to the possible implications of competition law and procurement issues.