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Equal Treatment Applies Even If Minimum Discussions Threshold Met

Client Alert | less than 1 min read | 08.06.10

In AMEC Earth & Envtl., Inc. (Dec. 22, 2009), GAO sustained a protest of a contract award by the Coast Guard for construction services because the agency had engaged in unequal discussions. GAO concluded that, while FAR § 15.306 establishes that the agency must, at a minimum, address "significant weakness and deficiencies" during discussions, if the agency opts to conduct broader discussions than the minimum, it must do so in an equal fashion and may not rely on the minimum threshold in the FAR to excuse disparate treatment.

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Client Alert | 9 min read | 09.11.25

One Year After Illumina/Grail – How Are EU Competition Authorities Now Dealing With Below-Threshold Mergers

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)....