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"Asked how he believed the principle of “the commissioner decides” could work within the regulations as they stand, Mr McCarthy said: “I’m not a lawyer, but I know that ‘the commissioner decides’ is completely consistent with ministers’ statements previously… this is Monitor signing up to that as well."

This is going to be interesting when a "commissioner decides" to overlook EU and UK procurement laws on the basis of wishy washy ministerial statements.

As for "I'm not a lawyer". Well, it might be a good idea to speak to one, and formally advise commissioners. You can guarantee that the independents will certainly be taking advice on the matter.