The European Court of Justice holds that in-house lawyers are not protected by legal professional privilege in antitrust investigations (Akzo)

On September 14, 2010, the Court of Justice (the Court) issued its judgment in Akzo v. Commission (Case C-550/07 P, hereinafter the Judgment) dismissing an appeal brought by Akzo Nobel Chemicals Ltd. (Akzo) against a judgment of the Court of First instance (now the General Court) of September 17, 2007. The Court upheld and clarified its former AM&S ruling (see Case 155/79) holding that in-house lawyers are not protected by legal professional privilege in antitrust investigations conducted by the European Commission even if the lawyer in question is admitted to, and subject to the ethical rules

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Frederic Depoortere, James S. Venit, The European Court of Justice holds that in-house lawyers are not protected by legal professional privilege in antitrust investigations (Akzo), 14 September 2010, e-Competitions Bulletin Legal privilege, Art. N° 45408

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