Base And Option Years Unit Pricing Not Releasable Under FOIA
Client Alert | less than 1 min read | 09.29.06
In Canadian Commercial Corp. v. Dept. of Air Force, Judge Bates, despite rejecting the contractor's argument that the disclosure of the base and option year prices would likely cause substantial competitive harm in future procurements, reversed the Air Force's decisions to release that data from its contract for the maintenance and repair of J85 turbojet engines. The court found that the pricing information was involuntarily submitted but that substantial competitive harm would result from the release of all but the labor rates for the over and above work, based solely on the conclusion that the release would harm the contractor by providing its competitors information that they could use to convince the Air Force not to exercise the contract options.
Contacts
Insights
Client Alert | 3 min read | 04.17.26
On March 18, 2026, the Antitrust Division (Division) of the U.S. Department of Justice (DOJ) entered into a Non-Prosecution Agreement (“NPA”) with Broadway Across America (“BAA”), resolving a criminal antitrust investigation into agreements between BAA and another entertainment company (“Company A”) that included non-compete restrictions on Company A’s ability to offer potentially competing programming. Notably, the restrictions were contained in a vertical agreement by which BAA presented touring shows at theaters owned by Company A. The announcement is a reminder that the agencies continue to scrutinize non-compete agreements contained in business contracts, and all non-compete provisions, even those included between vertical partners, should be reviewed by antitrust counsel.
Client Alert | 2 min read | 04.16.26
Client Alert | 4 min read | 04.16.26
ROI Tracking as Mens Rea? Novartis Ruling Reframes AKS Pleading Risk
Client Alert | 4 min read | 04.15.26
