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Overview
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 Briefing, Vinson & Elkins LLP’s Craig P. Seebald, Lindsey R. Vaala, and G. Zachary Terwilliger (a former United States Attorney and founding member of the 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. The Briefing will address:
- The evolution of the Procurement Collusion Strike Force: How did we get here? (15 minutes)
- Recent enforcement actions: What you need to know (10 minutes)
- Anticipated trends: Predictions for the Strike Force’s second year (10 minutes)
- Antitrust sensitivities in procurement: Teaming agreements and joint ventures (15 minutes)
- Staying compliant: Tips and best practices (10 minutes)
Program Level: Update
Intended Audience: In-house counsel, outside attorneys, compliance, finance and other allied professionals interested in government contracting, antitrust regulation and enforcement
Prerequisites: None
Advanced Preparation: None