Part 4 of the German Competition Act, the Gesetz gegen Wettbewerbsbeschränkungen or GWB, is central to public procurement above the applicable EU thresholds. It combines the substantive award framework with the system for protecting procurement rights.
Scope and principles
Sections 97 onwards establish principles and define the relevant buyers and contracts. Determine authority status, the procurement subject, threshold and any exception before choosing the detailed rules. Equal treatment, transparency and proportionality require concrete application rather than a general assurance that the process is fair.
Participation and award
The GWB addresses selection, exclusion and self-cleaning, the economically most advantageous tender and other core decisions. Section 97a now governs lot formation. The detailed regulation and published documents must be read with the Act. A bidder’s eligibility and the relative quality of its offer are different questions.
Contracts and review
Section 132 concerns changes during contract performance. Sections 134 and 135 address information and standstill duties and defined grounds of ineffectiveness. Review under sections 155 onwards has its own standing, complaint, procedural and timing conditions. Award protection must be considered at each stage.
Use the current text
The 2026 amendments affect provision numbering and procedure. In particular, an appeal against rejected review has no suspensive effect under current section 173(1). Check the official wording and any transition for the actual case. Older articles may describe the law that applied when written.
Four practical examples
The following scenarios are illustrative, not reports of actual client matters. The outcome depends on the documents and circumstances of the individual procurement.
Example 1: Public company
A company’s private-law form does not settle whether it is an authority under the GWB. Tasks, finance and control need examination.
Example 2: Combined trades
A buyer combines work packages. It checks section 97a and records the applicable justification instead of relying on administrative convenience.
Example 3: Extra performance
Both parties agree on a substantial extension. Consent alone does not establish compliance with section 132.
Example 4: Appeal planned
A bidder loses chamber review. It considers the appeal and the immediate award risk as separate procedural questions.
Related topics
Who is a contracting authority? · Public works procurement under the VOB/A · Contract modifications and additional public works · Review before the Vergabekammer
Discuss your procurement
For a review, please identify the authority, contract or lot, current procedural stage and any deadline. We can then clarify the scope of the requested work. Contact our team. An enquiry does not itself create a retainer or preserve a legal deadline.
Legal sources
Official legislation and materials, some in German: Aktuelle konsolidierte Fassung des GWB bei Gesetze im Internet öffnen
Updated 13 November 2026. Illustrative guidance on German and EU procurement law.