A Portuguese Court holds that in-house lawyers are covered by national rules on legal privilege (Unilever Jerónimo Martins)

In a decision issued on 16 January 2008, the Commercial Court of Lisbon recognised that the protection of legal professional privilege applies to in-house lawyers and, in doing so, it rejected the argument of the Portuguese Competition Authority (PCA) that EU case law should apply to this matter (see CFI decision of 17 September 2007 in Cases T-125/03 and T-253/03 Akzo Nobel v Commission, later confirmed by the ECJ on 14 September 2010 in Case C-550/07 P Akzo Nobel and Akcros v Commission). On 8 March 2007, in the context of a dawn raid at Unilever Jerónimo Martins’ premises, the PCA seized a number of documents. Amongst the items seized were some documents found in the office of the in-house lawyer. In addition, a number of documents exchanged with or drafted by the in-house lawyer,

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Sara Martins, A Portuguese Court holds that in-house lawyers are covered by national rules on legal privilege (Unilever Jerónimo Martins), 16 January 2008, e-Competitions Bulletin Legal privilege, Art. N° 26656

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