Summary: The complainant has requested information from the Office of Fair Trading (the -œOFT-) relating to its investigation of Ryanair-™s acquisition of Aer Lingus shares, and the involvement of the OFT Chief Executive, Aer Lingus and the government of the Republic of Ireland. The OFT refused to provide some of the requested information and refused to confirm or deny whether some of the requested information was held, citing the international relations exemption (section 27); the law enforcement exemption (section 31); the third party personal information exemption (section 40(2)); the legal professional privilege exemption (section 42); and the statutory prohibition on disclosure exemption (section 44). In addition to this, during the course of the investigation the OFT also relied upon the exemption for information that is accessible by other means (section 21). The Commissioner-™s decision is that: Request (1) -“ The OFT correctly relied upon sections 27(1)(b), 42(1) and 21 to withhold this information; Request (2) -“ The OFT correctly relied upon section 40(2) to withhold this information; Request (4) -“ The OFT correctly relied upon section 42(1) to withhold this information; Requests (5) to (12) -“ The OFT correctly relied upon section 44(2) to refuse to confirm or deny whether any relevant information was held. Information Tribunal appeal number EA/2012/0088 dismissed.
Section of Act/EIR & Finding: FOI 21 - Complaint Not upheld, FOI 27 - Complaint Not upheld, FOI 40 - Complaint Not upheld, FOI 42 - Complaint Not upheld, FOI 44 - Complaint Not upheld