Latest Mcdonnell Douglas Decision Solidifies D.C.Circuit As Best Forum to Prevent Contract Pricing Disclosures

On July 27, 2004, the U.S. Court of Appeals for the District of Columbia issued its latest decision on whether government contract pricing information should be disclosed to the public, including competitors, under the Freedom of Information Act (FOIA). McDonnell Douglas Corporation v. U.S. Dept. of the Air Force, D.C. Cir. No. 02-5342 (decided July 27, 2004) (Ginsburg, J.) (Garland J., concurring in part and dissenting in part). The case involved a 1997 McDonnell Douglas contract to perform maintenance and repair work on the Air Force’s fleet of KC-10 and KDC-10 aircraft. Lockheed Martin, a competitor of McDonnell Douglas, had asked the Air Force in July 1998 to provide a complete copy of the contract under FOIA, 5 U.S.C. §