The Boeing Co. v. Paxton (Opinion)Annotate this Case
One of the exceptions to the Texas Public Information Act purports to protect information that “if released, would give advantage to a competitor or bidder.” A former Boeing employee submitted a Public Information Act request to the Port Authority of San Antonio for various Boeing corporation information. Boeing provided some of the requested information and withheld other information, claiming that the information withheld was “competitively sensitive information” that would “give advantage to its competitors.” The Attorney General concluded that none of the withheld information was exempt from disclosure under the Act. The trial court agreed with the Attorney General. The court of appeals affirmed, concluding that the exception protects the purchasing interests of a governmental body when conducting competitive bidding but not those of a private party that competes in the process. The Supreme Court reversed, holding (1) a private party may assert the exception to protect its competitively sensitive information; and (2) because Boeing demonstrated that the information at issue was competitively sensitive and will give advantage to its competitors if released, Boeing’s objection to the mandatory release of this information is sustained.