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Mandatory Disclosure And Cooperation To Be Proposed For Commercial Item And Overseas Contractors

Client Alert | 1 min read | 04.16.08

In a hearing before the House Oversight and Government Reform Committee on April 15, 2008, the Administrator for Federal Procurement Policy indicated that he is inclined to issue a new proposed rule that would subject commercial item contracts and contracts performed overseas to mandatory disclosure to the agency inspector general when the contractor "has reasonable grounds to believe that a principal, employee, agency, or subcontractor of the [c]ontractor has committed a violation of Federal criminal law in connection with the award or performance of [a] contract or any subcontract thereunder." Such proposed rule would also modify a November 14, 2007 proposal, discussed in the linked article by C&M's Angela Styles, to mandate "[f]ull cooperation with Government agencies responsible for audit, investigation, or corrective action" for commercial item and overseas contracts.

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Client Alert | 3 min read | 06.03.26

Important EU Court Judgment Clarifies Rules on Interest Due in Cartel Damages Cases

In a judgment that will have direct and immediate consequences, the Court of Justice of the European Union (CJEU) has clarified that for all competition damages actions brought after 26 December 2014, interest runs from the date on which the harm occurred. The ruling addressed two important questions: (1) whether national provisions implementing Article 3(2) of the EU Damages Directive — which requires interest to run from the date harm occurred —apply to cases in which the harm preceded the adoption of those provisions; and (2) how the date of harm should be determined in cartel cases involving the purchase of goods at inflated prices....

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