PLI Briefing: Antitrust Enforcement in Public Procurement: Government Contracting in the DOJ Crosshairs
Unveiled in 2019, the DOJ Antitrust Division’s Procurement Collusion Strike Force seeks to ferret out collusion in the public procurement process.
Today, targeting possible misconduct in all levels of government funding, the Strike Force now boasts nearly 500 members across the United States and abroad. Aiding the Strike Force in its mission are the 10,000 government procurement officials, data scientists, analysts and other contracting professionals who have been trained by the Strike Force to look for “red flags” of collusion. Often, however, the so-called red flags are too broad and incorrectly “flag” legitimate conduct. Misunderstandings may lead to government inquiry and burdensome investigations.
The Strike Force also is focused on wielding the enormous volumes of procurement data to which it has access to run screens for possible signs of anticompetitive conduct. Entities and individuals doing business with the government should expect heightened scrutiny of procurement activities and proactively anticipate how to head off an investigation before it begins.
In this PLI Briefing, Vinson & Elkins lawyers Craig Seebald, Lindsey Vaala, and Zach Terwilliger (a former United States Attorney and founding member of the DOJ Antitrust Division’s Procurement Collusion Strike Force) will discuss recent antitrust enforcement actions targeting procurement and government contracting, what to expect from the Strike Force going forward, including the installation of a new permanent, career Director, and strategies companies doing business with the government should consider as they navigate this area of heightened scrutiny.
1:00 – 2:00 p.m. EDT | Live One-Hour Briefing