Agency Must Discuss Evaluated Weaknesses
Client Alert | less than 1 min read | 09.14.04
In defending its award decision before the GAO in Cygnus Corp., Inc. (Dec. 30, 2003), the National Institutes of Health ("NIH") cited a number of weaknesses in the protester's proposal, but had failed to raise those same weaknesses with the protester during discussions. NIH compounded this error by suggesting in discussions that the protester had adequately resolved a number of other problems also cited by the agency as a basis for the award decision, and the GAO recommended another round of discussions, offers, and a reevaluation.
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Client Alert | 4 min read | 09.10.26
European Commission Publishes Landmark Guidelines on Exclusionary Abuses by Dominant Companies
On 3 September 2026, the European Commission adopted new Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings. The Guidelines follow a public consultation on a draft published in August 2024 and reflect substantial stakeholder feedback. They replace the Commission's 2008 Guidance on enforcement priorities (which ceases to apply 30 days after publication of the new guidelines in the Official Journal) and represent the most significant reset of the Commission's Article 102 enforcement framework in nearly two decades. The Commission's stated aim is to set out principles and operational guidance, enhance legal certainty, and help companies self-assess their exclusionary-abuse risk.
Client Alert | 5 min read | 09.09.26
Client Alert | 8 min read | 09.08.26
Saxon Woods Investments Limited v Costa [2026] UKSC 21: Good Faith in the Boardroom
Client Alert | 2 min read | 09.08.26
IRS Takes Aim: Proposed Rule Threatens Tax-Exempt Status of Private Schools
