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GAO Sends Agency Back To The Drawing Board -- Again

Client Alert | less than 1 min read | 01.13.09

When Nortel, represented by C&M, challenged DEA's award of an IT services contract based on a possible OCI, DEA decided to take corrective action after GAO's "outcome prediction" alternative dispute resolution conference. DEA reaffirmed its selection, and in round two in Nortel Gov't Solutions, Inc. (Dec. 30, 2008), GAO found that DEA had (1) still failed to determine the extent of the awardee's OCI and (2) unreasonably concluded that the awardee's mitigation plan was acceptable when the awardee would be required to review and provide input on designs it proposed under a separate contract with DEA.

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Client Alert | 3 min read | 06.03.26

Important EU Court Judgment Clarifies Rules on Interest Due in Cartel Damages Cases

In a judgment that will have direct and immediate consequences, the Court of Justice of the European Union (CJEU) has clarified that for all competition damages actions brought after 26 December 2014, interest runs from the date on which the harm occurred. The ruling addressed two important questions: (1) whether national provisions implementing Article 3(2) of the EU Damages Directive — which requires interest to run from the date harm occurred —apply to cases in which the harm preceded the adoption of those provisions; and (2) how the date of harm should be determined in cartel cases involving the purchase of goods at inflated prices....