B&P Costs Plus Injunctive Relief Permitted
Client Alert | less than 1 min read | 02.24.09
The CFC in Alabama Aircraft Indus., Inc. v. U.S. (Feb. 3, 2009) rejected the government's argument that, once the court has granted injunctive relief, any request for bid preparation costs must be denied. The court ruled that the statute has no "choose one only" provision, and, when the contractor can show that B&P efforts were wasted due to agency error, it should receive reimbursement for them even though it also is awarded injunctive relief.
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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.
Client Alert | 4 min read | 08.25.26
Recent Court Decision Highlights Effectiveness of “Second Bite” Protests
Client Alert | 5 min read | 08.21.26
FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know
