COFC Denies Protest But Notes Possible Procurement Integrity And Antitrust Violations
Client Alert | 1 min read | 06.09.04
In Naplesyacht.com, Inc. v. United States, the Court of Federal Claims denied a protest despite finding that the Navy had abused its discretion in finding the two awardees' proposals technically acceptable, concluding that the protestor had not shown irreparable injury because its damage was limited to lost profit on one boat and because the Navy had assured the court that the awardees would have no advantage in follow-on competitions. However, the court took the unusual measure of providing its opinion to the Antitrust Division of the Justice Department, under seal, based on the proximity of the two awardees' prices, suggesting that one awardee had pre-bid knowledge of the other's proposal, in possible violation of Section 1 of the Sherman Act and Section 423 of the Procurement Integrity Act.
Insights
Client Alert | 3 min read | 05.12.25
EU Retaliatory Trade Measures Against the U.S. – Public Consultation
On 8 May 2025, the European Commission published new lists of products potentially subject to EU rebalancing measures in retaliation to U.S. tariffs. The proposed measures would apply if EU-U.S. trade negotiations fail. They are designed to stand alongside previously adopted EU countermeasures, which are currently suspended until 14 July 2025.
Client Alert | 2 min read | 05.09.25
FDA Seeks Stakeholder Consultation on Prescription Drug User Fee Reauthorization
Client Alert | 2 min read | 05.09.25
New SF-328 for Foreign Ownership, Control, and Influence Assessments Approved, Publication Imminent
Client Alert | 10 min read | 05.09.25
