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Federal Government Invites Comment on Domestically Nonavailable Articles

Client Alert | less than 1 min read | 05.14.20

On May 13, 2020, the Federal Acquisition Regulatory (FAR) Council published an advance notice of proposed rulemaking inviting interested parties to submit information relevant to the periodic review of the FAR 25.104 list of domestically nonavailable articles exempt from the Buy American Act, either as end products or components. Companies have until July 13, 2020 to review their existing supply chains and identify articles or components that are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality for addition to the list.

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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....