An employee ratted on Odebrecht Contractors for underbidding on a federal contract, arguing it intended to raise prices later (his suit was dismissed as "fatally flawed").
In cases like government contracts, where future costs are speculative, allowing prosecution based on underbidding provides a dangerous incentive for individuals to bring frivolous claims against innocent businesses.
Some observers will say that Oshkosh created its own problems by first overbidding for commercial businesses during the housing boom and then trying to compensate by underbidding for Pentagon business in the bust that followed.