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Contractors and Competition - Antitrust Probes of Classified Intel Require a Delicate Balance

Client Alert | less than 1 min read | 08.26.25

In our latest Bloomberg Law article about the growing range of antitrust concerns facing government contractors, Crowell lawyers Michelle D. Coleman and Lauren Fleming explore best practices for contractors who are navigating antitrust investigations involving classified information

They explore the delicate balance for contractors who must protect sensitive information and handle company employees who might become witnesses with care, while maintaining strong relationships with intelligence agency customers.

Click here to read more about contractors and competition. 

Insights

Client Alert | 2 min read | 07.15.26

CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations

As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights....