DOD Contractor Collaborations: Proposed Procedures for Integrating Antitrust Law, Procurement Law, and Purchasing Decisions

Abstract

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.

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Document Details

Document Type
Technical Report
Publication Date
Apr 01, 2001
Accession Number
ADA440814

Entities

People

  • Francis Dymond

Organizations

  • The Judge Advocate General's Legal Center and School

Tags

Communities of Interest

  • Autonomy
  • Biomedical
  • Energy and Power Technologies
  • Human Systems

DTIC Thesaurus Topics

  • Business Administration
  • Commerce
  • Congress
  • Contractors
  • Employment
  • Environment
  • Information Exchange
  • Information Systems
  • Intellectual Property
  • Investments
  • Law
  • Management Personnel
  • Motivation
  • National Security
  • Organizational Structure
  • Personnel Management
  • Procurement

Readers

  • Government Contracting/Procurement.
  • Government and Public Administration Law.
  • Systems Analysis and Design