Articles Posted in Antitrust & Trade Regulation

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The issue this case presented for the Washington Supreme Court’s review centered on whether records containing trade secrets were categorically excluded from public disclosure under the Public Records Act (PRA), ch. 42.56 RCW. Respondents Lyft Inc. and Rasier LLC operated car-hailing or "transportation networking companies" (TNC) in several locations, including the city of Seattle (City). After the City passed a 2014 ordinance that limited the number of TNC drivers active at any given time, Lyft and Rasier (collectively L/R) organized a coalition to overturn the ordinance through a voter referendum. In response to mediation among the City, L/R, and taxi and for-hire stakeholders in the ground transportation industry, the referendum proposal was withdrawn. The parties agreed that L/R would submit quarterly standardized reports to the City that include the total number of rides, the percentage of rides completed in each zip code, pick-up and drop-off zip codes, the percentage of rides requested but unfulfilled, collision data, and the number of requested rides for accessible vehicles. In response to L/R concerns regarding data confidentiality, a mediation provision stated that "'[t]he city will work to achieve the highest possible level of confidentiality for information provided within the confines of state law.'' In January 2016, appellant Jeff Kirk, a resident of Texas, submitted a PRA request to the City seeking L/R reports for the final two quarters of 2015. Specifically, Kirk sought release of records submitted by L/R to the City as required by SMC 6.310.540, including the percentage and number of rides picked up in each zip code, and the pick-up and drop-off zip codes of each ride. L/R insisted their quarterly zip code reports to the City consisted of trade secrets protected under the Uniform Trade Secrets Act (UTSA). The Washington Supreme Court held those records were not categorically excluded from disclosure: applying the injunction standard set forth in RCW 42.56.540, such records may be enjoined from disclosure only if disclosure would clearly not be in the public interest, and would substantially and irreparably damage a person or a vital government interest. The superior court erred by applying the general injunction standard of Civil Rule (CR) 65, and by not adequately considering the PRA's more stringent standard. View "Lyft, Inc. v. City of Seattle" on Justia Law