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Agency Must Discuss Evaluated Weaknesses

Client Alert | less than 1 min read | 09.14.04

In defending its award decision before the GAO in Cygnus Corp., Inc. (Dec. 30, 2003), the National Institutes of Health ("NIH") cited a number of weaknesses in the protester's proposal, but had failed to raise those same weaknesses with the protester during discussions. NIH compounded this error by suggesting in discussions that the protester had adequately resolved a number of other problems also cited by the agency as a basis for the award decision, and the GAO recommended another round of discussions, offers, and a reevaluation.

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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....