Competition and Markets Authority
- Date 23 January 2026
- Sector Central government
- Decision(s) FOI 21: Not upheld, FOI 35(1)(a): Not upheld, FOI 44(2): Not upheld
The complainant has requested information from the Competition and Markets Authority (CMA) concerning the Isle of Wight ferry market. The CMA refused to confirm or deny it held any information for parts of the request, citing sections 44(2) (prohibitions on disclosure) and 31(3) FOIA (law enforcement). Some information was withheld under section 35(1)(a) – the formulation of government policy. The CMA also later applied section 40(2) FOIA (personal information) to some of the same information it had withheld under section 35(1)(a). Part of the request was exempted under section 21 FOIA – information accessible to the applicant by other means. The Commissioner’s decision is that the CMA was correct in neither confirming nor denying whether it holds information by applying section 44(2) FOIA. He has also concluded that section 35(1)(a) is engaged and that the public interest favours non-disclosure. Additionally, the Commissioner accepts that section 21 has been correctly applied. The Commissioner does not require further steps.