EU Narrowly Interprets Privilege For Competition

Law360, New York (October 31, 2007, 12:00 AM EDT) -- The Sept. 17, 2007 decision of the Court of First Instance (“CFI”) in Akzo v. Commission provided an opportunity to revisit and comment on the position enunciated by the European Court of Justice (“ECJ”) in its 1982 judgment in AM&S v. Commission[1] case concerning the treatment of legal privilege in the context of EU competition law investigations.

AM&S recognized the right of companies under investigation to withhold communications between the company and “an independent lawyer entitled to practice his profession in a Member State,” where those...
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