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The European Court of Justice (ECJ) has published its much awaited judgment on the privilege position of in-house lawyers who advise on competition investigations.
C-550/07P Akzo Nobel Chemicals Limited v
Commission
The European Court of Justice (ECJ) has published its much
awaited judgment on the privilege position of in-house lawyers who
advise on competition investigations. The judgment has confirmed
the existing limitation on the ability of European in-house counsel
to claim legal professional privilege in competition investigations
by the European Commission. This decision is likely to cause
consternation and controversy amongst in-house lawyers across
Europe as it was hoped that the ECJ might take the opportunity to
change the law in this area. A CR Note on the subject –
click here - considers the scope of the ruling, as well
as reviewing, by way of background, the basic principles of
privilege under English law.
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