The US Supreme Court issues a decision limiting the circumstances under which a federal agency may be compelled to disclose confidential information the agency received from a private party (Food Marketing Institute / Argus Leader Media)

On June 24, 2019, the Supreme Court of the United States issued an important decision limiting the circumstances under which a federal agency may be compelled to disclose “confidential” information the agency received from a private party, and which the agency seeks to withhold under the Freedom of Information Act (“FOIA”), specifically its Exemption 4. In Food Marketing Institute v. Argus Leader Media, the Court invalidated the “substantial competitive harm” test that circuit courts for decades applied as a necessary condition for information to receive confidential treatment under FOIA’s Exemption 4. The Court held that imposition of a competitive harm requirement was inconsistent with the language of the statute. Rather, information may be protected by Exemption 4 where it has actually

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Authors

  • Cleary Gottlieb Steen & Hamilton (Hong Kong)
  • Cleary Gottlieb Steen & Hamilton (Washington)
  • Cleary Gottlieb Steen & Hamilton (Washington)
  • Cleary Gottlieb Steen & Hamilton (New York)

Quotation

Nowell D. Bamberger, Matthew D. Slater, Alexis Collins, Vicens Elizabeth (Lisa), The US Supreme Court issues a decision limiting the circumstances under which a federal agency may be compelled to disclose confidential information the agency received from a private party (Food Marketing Institute / Argus Leader Media), 24 June 2019, e-Competitions June 2019, Art. N° 91131

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