International Game Technology PLC & Ors v The Gambling Commission

International Game Technology PLC & Ors v The Gambling Commission

The claimants do not have standing to bring a procurement challenge under CCR16 because none submitted a bid for the Fourth National Lottery Licence, and CCR16 does not expand standing beyond unsuccessful bidders. The definition of economic operator must be interpreted purposively in line with EU law and does not include sub-contractors or suppliers who did not bid. The GPA does not apply to lottery services or services concession contracts, so no duty is owed to the US-based claimant.

Parties
Claimant: International Game Technology PLC; Claimant: IGT Global Services Limited; Claimant: IGT Global Solutions Corporation; Claimant: IGT (UK 3) Limited; Claimant: IGT UK Interactive Limited; Claimant: IGT UK Limited; Defendant: The Gambling Commission; Interested Party: Allwyn Entertainment Ltd; Interested Party: Allwyn International A. S.
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Procurement Challenge / Preliminary Issue on Standing
Outcome
Claimants lack standing; claim must fail.
Legal Topics
Standing, Economic Operator Definition, Remedies Directive, Concession Contracts Regulations, Gold Plating, EU Law Implementation
Public Procurement Administrative Law Standing Economic Operator Definition Remedies Directive Concession Contracts Regulations Gold Plating EU Law Implementation

Case Brief

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Parties

International Game Technology PLC

Claimant

IGT Global Services Limited

Claimant

IGT Global Solutions Corporation

Claimant

IGT (UK 3) Limited

Claimant

IGT UK Interactive Limited

Claimant

IGT UK Limited

Claimant

The Gambling Commission

Defendant

Allwyn Entertainment Ltd

Interested Party

Allwyn International A. S.

Interested Party

Procedural Posture

Procurement Challenge / Preliminary Issue on Standing

Legal Issues

  1. 1 Whether claimants have standing to bring a claim under the Concession Contracts Regulations 2016 (CCR16)
  2. 2 Whether claimants are economic operators to whom a duty is owed under Regulation 50 CCR16
  3. 3 Whether CCR16 expanded standing beyond unsuccessful bidders

Ratio Decidendi

The claimants do not have standing to bring a procurement challenge under CCR16 because none submitted a bid for the Fourth National Lottery Licence, and CCR16 does not expand standing beyond unsuccessful bidders. The definition of economic operator must be interpreted purposively in line with EU law and does not include sub-contractors or suppliers who did not bid. The GPA does not apply to lottery services or services concession contracts, so no duty is owed to the US-based claimant.

Court Disposition

Claimants lack standing; claim must fail.

Orders

  • Claim dismissed for lack of standing.
  • Any consequential matters to be addressed at a later hearing.