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GAO Protest Jurisdiction Covers Concession Contracts

Client Alert | 1 min read | 03.22.04

In Shields & Dean Concessions, Inc. (Feb. 23, 2004), GAO took jurisdiction over the protest of a concessions contract awarded by the National Parks Service ("NPS"), stating that, because the concession contract at issue involved the delivery of goods and services to the government, as well as certain groundskeeping and construction services, the contract was a "procurement" within the meaning of CICA, and, therefore, was within GAO's bid protest jurisdiction. Notwithstanding its reliance on CICA to assume jurisdiction, GAO noted that, pursuant to statute, for concession contracts NPS is not bound by the provisions of CICA and the FAR that govern the conduct of procurements, and GAO therefore reviewed the award decision to determine whether it was consistent with the specific statute and regulation governing NPS concession contract and the terms of the solicitation and otherwise reasonable, and sustained the protest.

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Client Alert | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....

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