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Argued February 6, 2001

In December 1997, the National Highway Traffic Safety Administration (“NHTSA”) issued an Information Request to nine airbag manufacturers and importers seeking information on airbag systems used in years 1990-98. Subsequently, the Center for Auto Safety (“Center”) sought access to the information pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. � 552 (1994). NHTSA released some of the information to the Center, but asserted that the remaining submissions were protected from disclosure under Exemption 4 of FOIA, 5 U.S.C. � 552(b)(4) (1994), which excludes from disclosure “trade secrets and commercial or financial information obtained from a person and privileged or confidential.”

The Center filed suit in District Court, asserting that the disputed documents were subject to disclosure under FOIA, because the submissions to the Government had been mandatory and disclosure of the information would not cause impairment to the Government or substantial competitive harm to the respondents. The Center also submitted evidence purporting to demonstrate that the intervenor-defendants had customarily disclosed information of the same type at issue here.

 
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