University Hospital Tübingen - Purchasing Collaboration
UNICO Einkaufsgemeinschaft is a purchasing alliance of several university hospitals. It currently represents 300 specialized hospitals and more than 240 institutes in the affiliated member facilities.
UNICO intended to redesign its structures with the objective of institutionalizing the purchasing collaboration of its members. The objective of the purchasing alliance was the achieving of particularly attractive prices and terms on procurement for its members, which was to lead to an efficient and economical use of funds in procurement.
On behalf of UNICO, University Hospital Tübingen requested us to prepare a comprehensive legal opinion on possible increased collaboration in the purchasing alliance, taking into account UNICO's existing structures.
We showed and comprehensively reviewed various models of implementation. In this connection, we reviewed and commented on the advantages and disadvantages of the relevant implementation models. The models were reviewed both under aspects of corporate, public procurement and antitrust law and with respects to tax effects of each of the implementation models, allowing sound statements on the advantages and disadvantages of the respective models.
Subsequently, we provided legal advice on the implementation of the preferred model under corporate and contract law.
Counsel to UNICO Einkaufsgemeinschaft:
HEUKING KÜHN LÜER WOJTEK (Düsseldorf): Dr. Daniela Hattenhauer, née Schwarz (Hospital Law / Public Procurement Law); Associates: Martin Schumm, LL.M. (Hospital Law / Public Procurement Law), Ute Klemm, LL.M. (Hospital Law / Public Procurement Law)
