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Pitiful Price Evaluation Unfairly Caters To Certain Bidders

Client Alert | less than 1 min read | 01.03.06

In R&G Food Service, Inc., d/b/a Port-a-Pit Catering (Sept. 15, 2005 http://www.gao.gov/ decisions/bidpro/2964354.pdf), GAO sustained the protester's challenge to the agency's determination that its prices were not fair and reasonable. The GAO's found that, by improperly limiting its price evaluation to an examination of unit prices without also considering the estimated quantities of each item, the agency therefore failed to consider the likely actual cost to the government from the competing proposals.

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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....