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Contractor Wins Directed Award In A-76 Protest

Client Alert | less than 1 min read | 02.13.04

The GAO in BAE Systems Tech. Servs., Inc. (Jan. 28, 2004) (represented by C&M), directed the Navy to award a contract to the private offeror in an A-76 competition in which the in-house entity failed to comply with, or include costs for, various solicitation requirements. GAO determined that the agency's post-protest attempts to cure the in-house offer’s deficiencies were "inappropriate" and damaging to "the integrity of the A-76 process" and criticized the agency for failing to perform the independent review mandated by the A-76 process when it reviewed the in-house offeror’s compliance with only one portion of the solicitation, rather than all.

Insights

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....