Following GAO Recommendation Doesn't Insulate Agency's Action After Protest
Client Alert | less than 1 min read | 08.18.11
The Federal Circuit in Turner Constr. Co. v. U.S. held that the Army should not have followed the recommendation of a GAO bid protest decision to disqualify an awardee based upon alleged organizational conflicts of interest ("OCIs") because the GAO decision failed to identify "hard facts" supporting the existence of an OCI and, therefore, "lacked a rational basis." Upholding the CFC decision and citing that court's authority to "award any relief that [it] considers proper," the Federal Circuit also let stand an order enjoining reprocurement and reinstating the awardee's contract, which the Army had terminated in response to the GAO decision.
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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.
Client Alert | 5 min read | 09.09.26
Client Alert | 8 min read | 09.08.26
Saxon Woods Investments Limited v Costa [2026] UKSC 21: Good Faith in the Boardroom
Client Alert | 2 min read | 09.08.26
IRS Takes Aim: Proposed Rule Threatens Tax-Exempt Status of Private Schools
