Why The EU Gets Atty-Client Privilege Wrong

Law360, New York (September 30, 2010, 11:27 AM EDT) -- In EU competition proceedings, attorney-client privilege attaches only to communications between a client and an outside lawyer admitted to practice in one of the member states of the EU. Last week, the Court of Justice of the European Union rejected calls for an extension of the attorney-client privilege to in-house lawyers when they advise a company’s management in EU antitrust matters (See C-550/07 Akzo Nobel Chemicals NV and Akcros Chemicals v. Commission and Others).

The dispute arose in the course of a “dawn raid” carried out...
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