DOD Annual Report May Affect Antitrust Reviews


Jon Dubrow wrote this bylined article on a Department of Defense study which supports competition among defense contractors as improving contracting outcomes for the government. “Contractors should understand the implications of the report on arguments that the government’s buying power will prevent any anti-competitive impacts from a transaction” such as a merger, Mr. Dubrow wrote. “Antitrust enforcers have been clear that government procurement mechanisms cannot protect the customer as well as competition will. The report provides some data from the customer itself supporting that proposition.”