RPC law firm has been designed TMT Team of the year by Legal Business Awards 2020
British law firm RPC's TMT team, led by partners Mark Crichard and Charles Buckworth, advised LINK on the hugely-complex tender process for outsourcing all telecoms and technical infrastructure that sit behind its network (as well as the provision of settlement services) – a network that handles more than three billion transactions annually.
This was high-stakes, bet-the-company work. The tender requirement followed a mandate from the Payment Systems Regulator (PSR) that LINK run a competitive process for all its underlying switching and settlement technology and services, to ensure sufficient competition. Get it wrong and not only could that spell the end for LINK, but it could also create havoc for business and consumers.
RPC had to plan, construct and execute a competitive process that closely mirrored a public procurement, with all the stringent controls, processes and requirements for transparency and equality of treatment. This created a far-more challenging proposition in what was already a huge technology outsourcing.
RPC collaborated with LINK to draft contracts and run full, parallel negotiations with shortlisted bidders – while satisfying and reporting on complex regulatory requirements, many of which had never been translated into contract requirements before. In a standard outsourcing you typically only need to satisfy the client. But here, RPC had to meet competing demands of LINK’s regulators and obtain approval by over 35 stakeholders, including LINK’s card-issuing and acquirer members.
LINK had a regulatory obligation to complete the process on time or risk sanction by the PSR – so the clock was always ticking. Given the number of stakeholders – several outside the UK – and the novel elements to the deal, working closely as a team was critical. RPC helped LINK deliver the deal on time, to budget, against an extremely challenging schedule and intrusive regulatory oversight.
In the words of John Howells, LINK CEO:
"We couldn't have had better support from RPC in what was a critical and complex transaction. They really understood the commercial and regulatory drivers, delivering a service that was clear, commercial, focused and well-managed. What's more, they were all a pleasure to deal with – good humoured to the end".