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Creative Lawyers for Creative Business

January 2005

The Freedom of Information Act - Let the games begin!

In what is one of the first actions of its kind, Pernod Ricard has made a request through the Freedom of Information Act for access to all internal communications of an OFT investigation into abuses by Bacardi.

Pernod and Bacardi are rivals and in 2002 Pernod appealed the OFT decision to back down from its proposition to find that Bacardi had behaved anti-competitively after Bacardi gave voluntary undertakings.

The OFT said, "We will look at what information is requested on a case by case basis in line with the act."

Briffa Comment:
This is another weapon in the ever increasing armoury of those who need to procure information. However, the Freedom of Information Act has only just come into force and whether it has any real teeth remains to be seen.

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