FTC Intervenes in the Formation of Proposed Joint Venture Between Boeing and Lockheed Martin
Client Alert | 1 min read | 10.09.06
On October 3, 2006, the FTC filed a complaint intervening in the formation of a joint venture between The Boeing Company and Lockheed Martin Corp. Announced in May of 2005, the joint venture, United Launch Alliance, is designed to consolidate manufacturing and development of the companies' expendable launch vehicles. The FTC's complaint argues that the joint venture would violate Section 7 of the Clayton Act and Section 5 of the FTC Act, as amended. Boeing and Lockheed are the only two companies that supply medium to heavy launch services to the U.S. government, so competition in that market would be reduced. The FTC unanimously approved a consent order requiring the venture to cooperate with all providers of government space vehicles, provide equal consideration and support to all launch service providers when seeking any U.S. government delivery in orbit contract and to safeguard competitively sensitive information obtained from other space vehicle and launch services providers.
Click for more information on the FTC intervention in the proposed joint venture between Boeing and Lockheed Martin.
Insights
Client Alert | 3 min read | 11.21.25
On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future.
Client Alert | 3 min read | 11.20.25
Client Alert | 3 min read | 11.20.25
Client Alert | 6 min read | 11.19.25
