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Tech Bundling Justified For Emergency Situations

Client Alert | less than 1 min read | 01.02.09

In CHE Consulting, Inc. v. U.S. (Dec. 30, 2008), the Federal Circuit upheld the Navy's bundling of hardware and software maintenance for a complex computer system under an FSS buy. While many agencies buy these separately and GSA initially declined to bundle in this instance, the court upheld the Navy's rationale that it could not afford the time to analyze the source of equipment problems or the risk that two different maintenance contractors would be pointing at each other about who was responsible for fixing the problem, given the time-critical information it provided to the fleet in emergency situations.

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Client Alert | 4 min read | 07.02.25

FTC Orders Divestitures in Retail Fuel Outlet Deal and Signals a Return to More Standard Remedy Discussions

Merger consent orders are back at the FTC, and the FTC’s most recent action showcases how the current leadership is analyzing divestiture proposals. Last week, the FTC approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that ACT notify the agency of future acquisitions in certain markets regardless of size. This FTC has signaled greater acceptance of remedies than the prior administration, and this most recent consent puts that on display, with Commissioner Meador providing merging parties guidance on designing effective remedies....