Contested waters: analysing third-party challenges in French water contract governance (2005–2023)

Justine Le Floch and Stéphane Saussier

Local Government Studies, 2025, vol. 51, issue 6, 1246-1271

Abstract: The management of local public services, often debated during elections, is a growing concern for public authorities. When outsourced, these services can prompt legal challenges from third parties – interest groups, citizens, local governments, and competitors – seeking strategic or personal gain. While prior studies address how the risk of third-party opportunism affects contract design, few examine its actual frequency or forms. This study fills that gap by analysing 1,690 first-instance administrative litigation cases (2005–2023) related to drinking water and sanitation services in France. Using logistic regressions, it identifies the actors most likely to act opportunistically. Findings show that, although competitors excluded from tenders initiate the most lawsuits, interest groups display the highest levels of opportunism, targeting decisions on tenders, governance, and tariffs. These results shed light on strategic litigation behaviour and underline the importance of considering third-party opportunism in the governance of public-private partnerships.

Date: 2025
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DOI: 10.1080/03003930.2025.2530066

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