The Hungarian Supreme Court defines the extent of client-attorney privilege in competition proceedings (BH 2009.364)

In December 2009 the Supreme Court published a significant individual decision (under No. BH 2009.364), in which it confirmed that communication between client and attorney, even if occurred before the initiation of the respective competition proceedings by the HCO, may still be subject to legal privilege, and therefore may not be used as an evidence of the infringement (and correspondingly, the HCO does not have the right to read such document). Similarly to the European and international practice, under Section 65/B. of the HCA (as introduced back in November 2005), documents containing communication between the client and its attorney for the purposes of exercising the client's right to

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Authors

  • Oppenheim (Budapest)
  • Oppenheim (Budapest)

Quotation

Gábor Fejes, Zoltan Marosi, The Hungarian Supreme Court defines the extent of client-attorney privilege in competition proceedings (BH 2009.364), December 2009, e-Competitions Bulletin Legal privilege, Art. N° 30442

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