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Photo, Dr. Marc Gabriel LL.M. (NTU UK)

Dr. Marc Gabriel LL.M. (NTU UK)

Partner
Baker McKenzie Rechtsanwaltsgesellschaft mbH von Rechtsanwälten und Steuerberatern

Biography

Dr. Marc Gabriel is a lawyer, specialist lawyer for medical law, public procurement law and administrative law and a partner in the Berlin office of Baker McKenzie. With over twenty years of professional experience, Marc heads the Public Law Practice Group. He is a lecturer at the Goethe University Frankfurt am Main, a member of the specialist lawyers' committee for public procurement law of the Berlin Bar Association and has been named among the leading lawyers in public procurement law and health law in JUVE, Chambers, Legal 500 and others for many years. Handelsblatt and Best Lawyers have named him "Lawyer of the Year" for health law (2016) and for pharmaceutical law (2019). He is the editor and author of numerous specialist publications on public procurement and health law, including co-editor and author of the "Handbuch Vergaberecht," the Beck'sche Online-Kommentar zum Vergaberecht, the textbook "Pharmarecht" and commentator in the Münchener Kommentar zum Europäischen und Deutschen Wettbewerbsrecht, among others.

Practice Focus

Marc's practice focuses on advising regulated industries on all public law, public health law and, in particular, public procurement law issues. He legally supports globally active companies as well as governments and state institutions in projects affecting the public sector. Marc advises and represents bidders and contracting authorities in procurement and review proceedings. He has more than 20 years of project experience and extensive industry expertise, particularly in the pharmaceutical and healthcare, infrastructure and transport, and defense and security sectors. Another focus of his advisory practice is the accompaniment of infringement proceedings, state aid review proceedings, public-private partnerships and privatisations as well as state selection/bidding procedures under European law.

Representative Legal Matters

  • Advising and representing leading global pharmaceutical companies in health insurance tender and review proceedings with contract and dispute values totaling more than EUR 20 billion.

  • Advising a European government on the implementation of the Defense Procurement Directive 2009/81/EC.

  • Advising a leading pan-European regional passenger transport operator on public procurement and state aid issues arising from Regulation 1370/07 on passenger transport services by rail and road.

Professional Honors

  • Leading name in public procurement law and health law in JUVE Germany, Chambers Europe and Chambers Global, Legal 500, Who's Who Legal et al. for over 10 years
  • Best Lawyers in Germany 2022 edition for health care, public commercial law and pharma law, Handelsblatt in cooperation with Best Lawyers since 2013
  • One of the most prestigious law firms and lawyers for public law, Wirtschaftswoche 2020
  • Lawyer of the year for pharma law, Handelsblatt / Best Lawyers 2018/2019
  • Lawyer of the Year in Healthcare Law, Handelsblatt / Best Lawyers 2016/2017

Professional Associations and Memberships

  • AG Generika of the Bundesverband der Arzneimittel-Hersteller (B.A.H.) - Member
  • ARGE Vergaberecht im Deutschen Anwaltsverein (DAV) - Member
  • Specialist lawyers' committee for public procurement law of the Berlin Bar Association - Member
  • Gesprächskreis "Vergaben im Sozialbereich" des forum vergabe - Head
  • Gesellschaft für Umweltrecht (Society for Environmental Law) - Member
  • Forum Vergabe (Public Procurement Forum) - Member
  • Johann Wolfgang Goethe-University Frankfurt am Main - Lecturer for public procurement law

Admissions

  • Germany (2001)

Education

  • Fachanwalt für Medizinrecht (Attorney specializing in Medical Law) (2019)
  • Fachanwalt für Vergaberecht (Attorney specializing in Public Procurement Law) (2016)
  • Fachanwalt für Verwaltungsrecht (Attorney specializing in Public Administrative Law) (2005)
  • Free University of Berlin (Dr. iur.)
  • Free University of Berlin (Referendar Exam)
  • Higher Regional Court, Berlin (Assessor Exam)
  • Nottingham Trent University (LL.M.)
  • Leuphana University Lueneburg (Post Graduate Studies Environmental Law)

Languages

  • English
  • German

Marc's list of references, which can be provided on request, includes over 130 German and English publications in monographs, commentaries and specialist journals, which focus on topics relating to public procurement law and health law.

Co-publisher and co-author, (with Janet Butler, Andreas Schulz, Katharina Weiner and Maximilian Voll), "Handbuch Vergaberecht," Marc Gabriel / Wolfram Krohn, 3rd  edition, 24 March 2021, beck-shop.de 

Co-editor (with Meier/v. Czettritz//Kaufmann), "Pharmarecht – Arzneimittel- und Medizinprodukterecht," 2nd edition, 2018

Co-editor (with Wolfram Krohn and Andreas Neun), "Handbuch des Vergaberechts," 2nd edition, 2037 pages, CH. Beck, October 2017

Co-editor (with Mertens/Prieß/Stein), "Beck'scher Online-Kommentar zum Vergaberecht," BeckOK VergabeR, 2016 (since then continuous)

Author, "Rechtliche Rahmenbedingungen und Inkompatibilitäten des sog. 'no spy'-Erlasses," Neue Zeitschrift für Verwaltungrecht (NVwZ), 13-20, 2015

Firm Committee Memberships

  • Germany/Austria Practice Group Public Law - Head