The Scope Of Solicitor-Client Privilege In Europe

Law360, New York (April 9, 2008, 12:00 AM EDT) -- In the context of international cartel investigations by competition law authorities, a recent decision of the European Court of First Instance highlights the differences in the treatment of legal privileges in other jurisdictions.

In Akzo Nobel Chemical Ltd.& al. v. Commission of the European Communities, the court had to determine whether certain documents seized by the Commission in the context of a competition law investigation were covered by the "legal professional privilege," also referred to as solicitor–client privilege.

These documents consisted of the following:

a memorandum...
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