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Cancellation Of RFP Upended

Client Alert | less than 1 min read | 08.18.05

In Rand & Jones Enters. Comp., Inc. (Aug. 4, 2005 http://www.gao.gov/decisions/bidpro/296483.htm), GAO held that Veterans Affairs lacked a reasonable basis for canceling an RFP when the cancellation was based on no technical evaluation factors in the RFP and the agency intended to issue an IFB for the same requirement. Both the RFP and IFB would be based on the same evaluation factor (price), no evidence suggested that the government or the integrity of the procurement system would be prejudiced if the RFP were not cancelled, and the low offeror would be prejudiced by recompetition since its low price had previously been disclosed publicly.

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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....