DoD Contractor Collaborations: Proposed Procedures for Integrating Antitrust Law, Procurement Law, and Purchasing Decisions [open pdf - 530KB]
This article reviews the three overlapping general aspects of government action that govern the level of collaboration among DoD contracts, and the procedural enforcement regimes used within each. First, DOJ and FTC apply antitrust laws to the private conduct of contractor collaborations. These agencies take into account the unique DoD regulatory and monopsony powers to inform their assessments, but so far have relied little on DoD for coordinating their enforcement efforts. The DoD defers on matters of antitrust laws to these agencies. Second, the various federal procurement statutes provide a host of requirements for achieving competition during DoD procurements and punish contractors financially for violating antitrust laws. In addition, a host of exceptions may contradict or limit the application of antitrust competition standards. Finally, as a buyer (market participant or market-maker), DoD's purchasing decisions play a significant role in shaping the behavior of its contractors.
Military Law Review, June 2002, v.172, p.96-190