DOD Contractor Collaborations: Proposed Procedures for Integrating Antitrust Law, Procurement Law, and Purchasing Decisions
JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA
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The current competition policy enforcement regimes of antitrust law, procurement law and DoD monopsony purchasing decisions reflect significant missing interrelationships. The new Collaboration Guidelines present challenging considerations of DoD contracting practices and procurement decisions when subjecting collaborations to antitrust review. The analytical framework of antitrust law takes into account procurement law and DoD decisions when assessing efficiencies and their relationship to competition relevant markets and concentration industry conditions and barriers to entry. However, procurement regulations omit effective procedures for reporting, reviewing and enforcing these factors. Further, DoD lacks effective procedures to assess and incorporate antitrust considerations into particular procurements or to inform its buying decisions and practices.
- Sociology and Law
- Logistics, Military Facilities and Supplies