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Air Force Award Downed by Inadequate OCI Assessment

Client Alert | less than 1 min read | 09.15.16

In AT&T Gov’t Solutions, Inc. (released Sept. 12, 2016), in which C&M represented AT&T, GAO sustained the protest of the Air Force’s award for computer network operations and cyberspace warfare operations. GAO determined that the Air Force had failed to reasonably evaluate whether the awardee had adequately avoided or mitigated unequal access to competitively sensitive information to which the awardee had access through its subcontractor that had provided acquisition support for the program and that the Air Force award decision was also premised on flawed past performance evaluations.

Insights

Client Alert | 4 min read | 08.25.26

DOJ Signals Increased Antitrust Scrutiny of Algorithmic Pricing in Willow Bridge Decision

Algorithmic pricing tools commonly used by businesses to increase efficiency and profits are under increasing antitrust scrutiny. This summer, federal regulators, state attorneys general, and state legislatures grappled with competing businesses providing nonpublic, competitively sensitive data to common algorithmic platforms. The Third Circuit deepened an emerging circuit split with the Ninth Circuit on algorithmic pricing liability, reviving antitrust claims against Atlantic City casino-hotels in a decision with direct implications for any company that uses a common pricing platform. See Crowell’s recent client alert. And New Jersey enacted two landmark laws—the FAIR Act and the Fair Price Protection Act—directly regulating algorithmic rent-setting and surveillance pricing. See Crowell’s recent client alert....