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Contractors Can Review and Object to Public Release of Information in FAPIIS

Client Alert | 1 min read | 01.03.12

On January 3, 2012, the FAR Council issued a final rule to implement a congressional mandate that the public have access to all information (excluding past performance reviews) in the Federal Awardee Performance and Integrity Information System ("FAPIIS"), which was created in 2010 as a one-stop shop for contracting officers to review information about contractors' business ethics, integrity, and performance.  In response to concerns raised about the disclosure of a contractor's proprietary and confidential information, the final rule added a requirement that contractors be given a seven-calendar-day review period to object to the public release of information on the grounds that such information is exempt from disclosure under FOIA.

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Client Alert | 4 min read | 08.25.26

DOJ Signals Increased Antitrust Scrutiny of Algorithmic Pricing in Willow Bridge Decision

Algorithmic pricing tools commonly used by businesses to increase efficiency and profits are under increasing antitrust scrutiny. This summer, federal regulators, state attorneys general, and state legislatures grappled with competing businesses providing nonpublic, competitively sensitive data to common algorithmic platforms. The Third Circuit deepened an emerging circuit split with the Ninth Circuit on algorithmic pricing liability, reviving antitrust claims against Atlantic City casino-hotels in a decision with direct implications for any company that uses a common pricing platform. See Crowell’s recent client alert. And New Jersey enacted two landmark laws—the FAIR Act and the Fair Price Protection Act—directly regulating algorithmic rent-setting and surveillance pricing. See Crowell’s recent client alert....

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