McDonnell Douglas Corp. v. United States Department of the Air Force

GARLAND, Circuit Judge,

concurring in Parts ILB and II.E., and dissenting in Parts II.C and II.D:

This court has twice thought it “passing strange” that “the prices charged to the government for specific goods could be confidential” commercial information or “trade secrets” under the Freedom of Information and Trade Secrets Acts. McDonnell Douglas Corp. v. NASA, 180 F.3d 303, 306 (D.C.Cir.1999); see McDonnell Douglas Corp. v. Widnall, 57 F.3d 1162, 1167 (D.C.Cir.1995). We have never decided that fundamental question, however, because the government has never litigated whether such prices are…