The Scope Of Legal Privilege In EU Antitrust Probes

Law360, New York (January 9, 2008, 12:00 AM EST) -- The European Court of First Instance (CFI) has handed down its much awaited ruling in the Akzo case[1], which is of particular importance for in-house lawyers and antitrust practitioners as it clarifies the scope of legal professional privilege in the context of a Commission antitrust investigation.

The judgment confirms the Commission’s view that documents created by inhouse counsel, whether or not they are members of a bar, are in principle not subject to legal privilege and can be viewed and read by Commission officials in an...
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