The Spanish Supreme Court validates the seizure of documents protected by legal privilege and documents beyond the scope of the inspection order, if they are not used in the administrative proceedings (STAMPA)

On April 27, 2012, the Spanish Supreme Court issued judgment number 6552/2009 on the appeals submitted by the Asociación Nacional de Perfumería y Cosmética (“STANPA”) and the Spanish Competition Authority (“CNC”) against the judgment of the Audiencia Nacional (Spanish Court of Appeal, “AN”) of September 30, 2009. The Supreme Court considers that, even if an inspection order does not cover the scope of certain documents seized by inspectors during a dawn raid, the inspection would still be valid as these documents were not used in the administrative proceedings. Similarly, the Supreme Court validates the seizure of documents protected by legal privilege because (i) STANPA did not sufficiently prove that the documents were protected by legal privilege and (ii) the documents were not used against

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Albert Pereda Miquel, Cristina Vila Gisbert, The Spanish Supreme Court validates the seizure of documents protected by legal privilege and documents beyond the scope of the inspection order, if they are not used in the administrative proceedings (STAMPA), 27 April 2012, e-Competitions Bulletin Legal privilege, Art. N° 48618

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