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OHA Authority and Impact Expanded

Client Alert | 1 min read | 02.11.11

On February 2, 2011, the Small Business Administration issued a final rule amending its regulations, effective March 4, 2011, to expand and better define the authority of SBA's Office of Hearings and Appeals (OHA) by allowing for OHA review of all timely appeals of size determinations, whereas traditionally OHA would not review formal size determinations if the contract had been awarded and the issues ripe for review were contract specific, including joint venture issues and violations of the ostensible subcontractor and non-manufacturer rules. Additionally, OHA now has to issue decisions within 60 days of the close of a record, and if OHA affirms a size determination finding a protested concern to be other than small the contracting officer must terminate the contract or not exercise the next option.

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Client Alert | 4 min read | 09.10.26

European Commission Publishes Landmark Guidelines on Exclusionary Abuses by Dominant Companies

On 3 September 2026, the European Commission adopted new Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings. The Guidelines follow a public consultation on a draft published in August 2024 and reflect substantial stakeholder feedback. They replace the Commission's 2008 Guidance on enforcement priorities (which ceases to apply 30 days after publication of the new guidelines in the Official Journal) and represent the most significant reset of the Commission's Article 102 enforcement framework in nearly two decades. The Commission's stated aim is to set out principles and operational guidance, enhance legal certainty, and help companies self-assess their exclusionary-abuse risk....

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