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Line Item Prices Still Exempt Under FOIA

Client Alert | 1 min read | 01.30.08

In Canadian Commercial Corp., et. al. v. Dept. of the Air Force (Jan. 29, 2008, http://pacer.cadc.uscourts.gov/docs/common/opinions/200801/06-5310a.pdf), the D.C. Circuit reiterated to the Air Force its ruling in McDonnell Douglas Corp. v. Air Force, 375 F.3d 1182, namely that line item prices are exempt from disclosure under FOIA. In doing so, the Court rejected the Air Force's arguments that: (1) historically line item pricing was subject to disclosure under FOIA, (2) that those prices should be disclosed because the Air Force was likely to exercise the options under the contract, and (3) the FAR requires disclosure of line item pricing, concluding instead that the disclosure of those line item prices would cause substantial competitive harm to the contractor.

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Client Alert | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....

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