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Increased Litigation in Public Procurement – Growing Damages Demand Broad Legal Expertise
Updated: June 9, 2025, 11:20 Published: May 28, 2025, 09:00
Public procurements are increasingly being legally challenged, with high damages threatening both society and business. Fylgia sees an increased propensity to litigate, where the regulations become more complex and the stakes are higher.
“We help companies avoid pitfalls and create business benefits through a multidisciplinary approach, AI support, and senior legal expertise,” says Markus Garfvé, lawyer and head of Public Affairs.
An increasing number of legal processes following public procurements are reshaping the landscape for both procuring authorities and tenderers. According to Markus Garfvé, lawyer and head of Public Affairs at Fylgia, there is a clear pattern.
“We see how claims for damages are becoming more numerous and larger in scope. These often involve multi-million amounts, where the processes also create uncertainty and value destruction – not least for society as a whole,” he says. It is also common for companies, through small formal mistakes or misunderstandings in the procurement process, to risk ending up in legal disputes that could have been avoided.
A Trap to Be Unprepared
Fredrik Winroth, managing partner at Fylgia, says that the increased number of damages cases is often based on alleged formal deficiencies in the procurement process. He notes that a common trap is that companies do not carefully review the procurement documents or prepare for the legal requirements that follow – and even if the companies are fundamentally right, he is convinced that many of these cases could have been avoided, or at least handled much smarter.
“They misunderstand or underestimate the regulations. Our task is to help companies understand the game, do the right thing from the start – and act quickly and commercially when something goes wrong,” he says.
Broader Expertise Required
Traditionally, legal advice in public procurement has been divided into narrow specialist roles, but as both the regulatory burden and business risk increase, Garfvé points out that the need for broader approaches has grown.
“Fylgia works cross-functionally and integrated with both law, business strategy, and technology as tools. This is necessary today if you want to provide relevant advice with actual business benefits. Our lawyers focus not only on the legal aspect but also on how we can help our clients optimize their business in connection with procurements and the subsequent contract management.”
The Right Partner is Crucial
A concrete example is how Fylgia uses AI support to analyze large amounts of documentation and quickly identify deviations or risk factors in a procurement document.
“The technology makes us faster and more accurate, but it is the experience that makes us know which risks really matter. For companies that want to navigate public affairs safely and profitably, the right partner is crucial. Fylgia has both the tools and the expertise to provide that support,” he concludes.
About Fylgia
Fylgia is one of Sweden’s leading business law firms in public affairs. Through pragmatic advice, AI-supported tools and senior teams, we help clients navigate complex procurements and legal processes with great business impact. Annually and on average, the firm acts as advisor in public affairs for a value of 20 to 30 billion SEK.
Learn more at fylgia.se
The article is produced by Brand Studio in collaboration with Fylgia.
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