News & Analysis as of

Department of Defense (DOD) Antitrust Provisions

Bracewell LLP

Increasing Antitrust and Potentially Other Scrutiny for Defense M&A Deals

Bracewell LLP on

Mergers and acquisitions involving companies that conduct business with the federal government present a unique set of challenges. Several statutes and regulations are implicated in such corporate transactions, whether the...more

WilmerHale

Antitrust Review of Defense Mergers: DOD Gets its Own Production of Parties’ Materials in HSR Merger Reviews

WilmerHale on

Parties contemplating transactions in the defense sector need to know about a new obligation to provide materials to the Department of Defense (DOD) that will substantially affect their obligations for transactions that are...more

Morrison & Foerster LLP - Government...

Notable Provisions Of The FY 2024 National Defense Authorization Act

On December 22, 2023, President Biden signed the National Defense Authorization Act for Fiscal Year 2024 into law after bipartisan congressional majorities approved the bill earlier in the month. The annual bill authorizes...more

Hogan Lovells

A Survey of President Biden’s Executive Order on Promoting Competition in the American Economy

Hogan Lovells on

It has been one year since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy.  The Executive Order outlines a “whole-of-government” approach to...more

The Volkov Law Group

DOJ’s Antitrust Division Charges Seris Security and Three Executives, and Announces Plea Agreement with G4S Secure Solutions in...

The Volkov Law Group on

The Justice Department’s Antitrust Division returned a criminal indictment against Seris Security and three executives, Danny Vandormael, CEO of Seris, Peter Verpoort, Director for Security at Seris, and Jean Paul Van...more

Akin Gump Strauss Hauer & Feld LLP

Timeline: Executive Order on Promoting Competition in the American Economy

On Friday, July 9, 2021, President Biden issued Executive Order (EO) 14036, “Promoting Competition in the American Economy” (see recent alert here). The EO includes 72 initiatives by more than a dozen federal agencies in an...more

Proskauer - Minding Your Business

Pricing Controls under the Defense Production Act

With the federal government’s increasing focus on enforcing price gouging compliance, attention has turned to the Defense Production Act (the “DPA”). Passed in 1950 in response to the Korean War, the DPA is modelled on the...more

Hogan Lovells

DOJ Continues False Claims Act Enforcement in Transportation Industry

Hogan Lovells on

Two recent False Claims Act (FCA) settlements between the Department of Justice (DOJ) and transportation companies point to the continuation of a recent trend by the DOJ to use the FCA as a significant enforcement tool...more

Holland & Knight LLP

New DOJ “Strike Force” to Focus Attention on Antitrust Crimes in Government Procurement

Holland & Knight LLP on

On November 5, the Department of Justice (DOJ) sent a message to which everyone in the government contracting, federal grant and program funding worlds should pay attention to by announcing the creation of a "Procurement...more

Hogan Lovells

A new target: The Antitrust Division focuses on criminal antitrust violations in public procurement

Hogan Lovells on

The Antitrust Division (Division) has recently prioritized the investigation and prosecution of criminal antitrust violations involving public procurement. ...more

Eversheds Sutherland (US) LLP

New Defense Department Guidance on Mergers and Acquisitions

On September 30, the U.S. Department of Defense (DoD or the Department) issued new guidance that reaffirmed its earlier view that it would not look favorably on mergers of “top tier defense firms.” The Department declared...more

McDermott Will & Emery

Aerospace & Defense Series: DOD Study Touts Competition Benefits in Military Purchases—Creates Implications for Future Antitrust...

McDermott Will & Emery on

It is a general tenet that competition serves customers well, enabling them to acquire better products at lower prices. Of course, this premise underlies the antitrust laws. In the aerospace and defense industry, the...more

McDermott Will & Emery

Aerospace and Defense Series: Leading Antitrust Considerations for Teaming Agreements

McDermott Will & Emery on

This newsletter identifies when “teaming agreements” between contractors will raise antitrust issues, and suggests some practice tips for evaluating or defending those arrangements....more

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