Challenge To OCI Waiver Falls Short
Client Alert | 1 min read | 09.09.10
In MCR Fed., LLC (Aug. 17, 2010) GAO denied the protester's challenge to the agency's decision, in the context of taking corrective action, to waive organizational conflicts of interest for two offerors to facilitate competition, noting that, "[w]here a procurement decision -- such as whether an OCI should be waived -- is committed by statute or regulation to the discretion of agency officials, our Office will not make an independent determination of the matter." GAO found that the agency complied with FAR 9.503, including approval by the agency head's designee and a written determination setting forth (i) the extent of the conflict and (ii) explanation for why application of the OCI rules would not be in the government's interests in the particular procurement.
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Client Alert | 9 min read | 09.11.25
About one year ago, the European Court of Justice (CJEU) ruled in its landmark Illumina/Grail judgment that the European Commission could not accept merger referrals from national competition authorities under Article 22 of the EU Merger Regulation (EUMR) unless those authorities had jurisdiction to review the transaction themselves (see our previous alert).
Client Alert | 1 min read | 09.10.25
Client Alert | 7 min read | 09.10.25
