International Game Technology PLC & Ors v Gambling Commission [2023] EWHC 1961 (TCC) (28 July 2023)

International Game Technology PLC & Ors v Gambling Commission [2023] EWHC 1961 (TCC) (28 July 2023)

The court held that the Remedies Directive does not require Member States to confer standing on sub-contractors or entities who did not bid for the contract, except in limited circumstances where discriminatory tender documents prevented a bid. The UK did not 'gold plate' the Directive when implementing the CCR16;...

Source-derived case information.

Citation
[2023] EWHC 1961 (TCC)
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
28 July 2023
Procedural Posture
Procurement Challenge / Preliminary Issue on Standing
Outcome
Claimants lack standing; claim dismissed as to standing.
Legal Topics
Standing in Procurement Challenges, Interpretation of Remedies Directive, Definition of Economic Operator, Implementation of EU Directives in UK Law
Public Procurement Administrative Law European Union Law Standing in Procurement Challenges Interpretation of Remedies Directive Definition of Economic Operator Implementation of EU Directives in UK Law

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Summary, issues, holding and outcome

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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 the Claimants have standing to bring a claim under the Concession Contract Regulations 2016 (CCR16)
  2. 2 Whether the Claimants are economic operators to whom a duty is owed under Regulation 50 CCR16 and/or Regulation 51 CCR16
  3. 3 Whether the UK 'gold plated' the Remedies Directive by conferring standing on a wider group than unsuccessful bidders

Ratio Decidendi

The court held that the Remedies Directive does not require Member States to confer standing on sub-contractors or entities who did not bid for the contract, except in limited circumstances where discriminatory tender documents prevented a bid. The UK did not 'gold plate' the Directive when implementing the CCR16; thus, standing is limited to unsuccessful bidders or those prevented from bidding. The Claimants, being sub-contractors or entities who did not bid, lack standing under CCR16 to bring a procurement challenge.

Court Disposition

Claimants lack standing; claim dismissed as to standing.

Orders

  • The claims of the IGT Claimants are dismissed for lack of standing under the Concession Contract Regulations 2016.