Cure worse than the disease?

That there are bad things going on in procurement is sometimes obvious, but the same tactics are available to all the players.

Surely this Directive is just going to cause endless litigation by the losers, regardless of whether the contract award was fair or not? After all, how easy is it to prove which is the 'best' offer, and what should be taken into account in making the decision?

It seems typical that rather than fix the existing system, new legislation is introduced which makes more money for the lawyers without actually solving the original problem.