News & Analysis as of

Set-Asides

Antitrust Alert: European Court Of Justice Publishes Long-Awaited Judgment In The Intel Case

by Jones Day on

September 2017 What happened? Last week the European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position...more

Intel Ruling: General Court Failed to Examine All of Intel’s Arguments, Court of Justice Says

On September 6, 2017, the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a...more

EU Court Orders New Assessment of Intel's Rebates

by Dechert LLP on

The Court of Justice of the European Union (CJEU) has quashed a ruling by the EU’s General Court which had upheld the European Commission’s (EC) 2009 finding of abuse of dominance by Intel Corporation Inc. Intel was fined...more

New era dawning in EU competition law? CJEU endorses an effects-based assessment of rebates and sets aside lower court’s judgment...

by White & Case LLP on

Intel and the effects-based approach in EU competition law - On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel1 that the European Commission ("Commission") cannot...more

The widely anticipated UAE law on arbitration – an end in sight?

by White & Case LLP on

By the end of Q4 2017, the United Arab Emirates is expected to enact a new federal arbitration law based on the UNCITRAL Model Law and associated international standards....more

Federal Court reaffirms and reissues section 8 venlafaxine judgments overturned by the Court of Appeal for hearsay

by Smart & Biggar on

As previously reported, in 2016 the Federal Court of Appeal set aside a decision of the Federal Court awarding Teva close to $125 million in damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations...more

In 2016 the Texas Supreme Court Continues to Favor Arbitration

by Strasburger & Price, LLP on

In 2016, the Texas Supreme Court issued three important opinions affecting arbitration agreements. The most significant was Hoskins v. Hoskins, 497 S.W.3d 490 (Tex. 2016). The issue in that case was whether a party seeking to...more

Weekly Update Newsletter - December 2016 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Set-Asides under Multiple-Award Contracts The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) are proposing to...more

Considerations When Choosing a Mentor or Protege Under the SBAs Programs - Set-Aside Alert

by PilieroMazza PLLC on

When the U.S. Small Business Administration amends its regulations in August 2016 to establish a mentor-protégé program for all small businesses, it included provisions that limit the number of mentors a small business can...more

Weekly Update Newsletter - September 2016 #4

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Amendments to Department of Defense (“DOD”) Mentor-Protégé Program DOD has issued a proposed rule which will amend the DFARS to implement Section 861 of the NDAA 2016, which provides amendments...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19586 - Harrington v. Freedom of Information Commission - The Court started off by saying..... We have not previously had occasion to squarely address..... [this]...more

Court Enforces “Presumed Loss” Rule Where Contractor Misrepresented 8(a) Status to Win Set-Aside Contracts

by Holland & Knight LLP on

In a Memorandum Opinion issued on June 17, 2016, the U.S. District Court for the District of Columbia applied the so-called "presumed loss" rule to assess the full contract value as the measure of the government’s loss for...more

The National 8(a) Association Summer Conference Recap; Mentor-Protégé Regs Looming

by Holland & Knight LLP on

On June 13-14, the National 8(a) Association held its annual summer conference in Anchorage, Alaska. The conference included useful programs on a variety of topics of interest to tribal, Alaska Native Corporations (ANC), and...more

Supreme Court Requires the VA to Expand Use of Mandatory Set-Asides for VOSBs

by Morgan Lewis on

The Department of Veterans Affairs will be required to implement mandatory set-aside requirements for procurements at all levels, including FSS orders, if two or more VOSBs reasonably can be expected to submit offers that...more

The European Court Of Justice Requires The European Commission To Provide Adequate Reasons For Its Requests For Information

by McDermott Will & Emery on

On March 10, 2016, the Court of Justice of the European Union (CJEU) rendered its judgment in the so-called Cement case, (C-247/14 P HeidelbergCement v Commission, C-248/14 P Schwenk Zement v Commission, C-267/14 P Buzzi...more

Highest EU court strikes down vague and ambiguous information requests

by White & Case LLP on

Statement of reasons was excessively vague in light of the extent of information requested and the advanced investigation stage. Introduction - On 10 March 2016, the European Court of Justice issued a landmark...more

State-Assisted Public School Projects Subject to Set-Aside and Non-Discrimination Requirements

by Shipman & Goodwin LLP on

Effective as of October 1, 2015, Connecticut’s set-aside requirements for small contractors and minority-owned business enterprises, as well as Connecticut’s statutory non-discrimination and affirmative action requirements,...more

National 8(a) and GAO Small Business Set Aside Provision

This update is a brief synopsis of a case that held, if there is not a certain FAR provision addressing subcontracting limitations in a set aside contract for small business, there is not a mandatory duty to comply with the...more

Can The Defendant Set Aside A Sale Of Receivership Assets To A Buyer?

by Ervin Cohen & Jessup LLP on

QUESTION: I purchased assets from a receiver. The court approved the sale over the objection of one of the defendants. The sale has now closed. I was just informed that the defendant is appealing the order approving the sale....more

SBA Size Protest Reminds Us That There is an Exception to Every Rule

The Small Business Administration (“SBA”) recently issued a favorable decision on behalf of a firm client in a size determination case, and we wanted to share information from that decision with you. While the decision is...more

A Refresher on the Non-Manufacturer Rule

by PilieroMazza PLLC on

Unless you are a small business regularly engaged in selling supplies to the U.S. Government, you may have only a passing familiarity with the requirements of the Non-Manufacturer Rule (NMR). The NMR is an exception to the...more

"EPA Issues Clean Power Plan to Reduce Power Plant Carbon Emissions"

On August 3, 2015, the U.S. Environmental Protection Agency (EPA) issued its final regulation, known as the Clean Power Plan (CPP), establishing carbon dioxide (CO2) emission guidelines for existing affected electric utility...more

Government Contractors Beware: Trying to Fit A Square Peg into A Round Hole

by PilieroMazza PLLC on

What may be standard in the corporate world can severely disrupt set-aside status in the highly-regulated government contract space. Take the recently-decided case of Precise Systems. ...more

Federal Circuit Review | July 2015

by Knobbe Martens on

Nunc Pro Tunc Assignments Insufficient To Confer Retroactive Standing - In ALPS SOUTH, LLC v. OHIO WILLOW WOOD CO., Appeal Nos. 2013-1452, 2013-1488, 2014-1147, and 2014-1426, the Federal Circuit reversed the denial of a...more

Changes on the Horizon for the SBA 8(m) Women-Owned Small Business Program

by Hodgson Russ LLP on

Additional regulations governing the federal contracting “set-aside” program and now also the “sole source” program applied to women-owned small business (WOSB) are on the horizon. The WOSB program is referred to as the 8(m)...more

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