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Misleading Discussions Can Be With Awardee

Client Alert | 1 min read | 10.19.06

In Advanced Systems Development, Inc. (Sept. 19, 2006, http://www.gao.gov/decisions/bidpro/298411.pdf), the GAO held that the agency improperly tipped the tables when it incorrectly advised the future awardee in discussions that one portion of its price violated the solicitation's price target and never disclosed that the excess was caused at least in part by an upward adjustment the agency had made to compensate for an error in another part of the awardee's pricing proposal. In response to this incorrect and incomplete information provided during discussions, the offeror lowered its final price below that of the competition, including the protestor, who prevailed on the theory that the agency's discussions with the awardee were not meaningful.

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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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