Arkansas Dep’t of Fin. & Admin. v. Pharmacy Assocs – Case Brief Summary (Arkansas)

In Arkansas Dep't of Fin. & Admin. v. Pharmacy Assocs., 333 Ark. 451, 970 S.W.2d 217, 221 (Ark. 1998), the Arkansas Supreme Court held that a proposal for a contract with the Arkansas Department of Finance and Administration was excepted from disclosure under the Arkansas Freedom of Information Act.

While the provision in that case is identical to section 552.104, the issue in the case was whether the state agency, not a private party, could claim the exception. See id. at 218 ("The question in this case is whether a state agency can claim the competitive-advantage exception under the Arkansas Freedom of Information Act . . . on behalf of the person who supplied the information.").

Further, the information requested was bid information submitted for purposes of obtaining a government contract. Id. at 220.

The court noted that the contract is re-bid every two years and competitors could use the information to improve their competitive position. Id.