The Swiss Supreme Court rules on legal privilege (Panalpina case)

On October 28, 2008, the Swiss Supreme Court finally dismissed the claim from several companies which had been subject to dawn raids and opposed the use by the Swiss Competition Commission (“Comco”) in a cartel investigation of certain internal documents issued for or by in-house counsel on the argument that these documents were covered by legal professional privilege (“LPP”). Although these documents were found by the Supreme Court not to benefit from LPP in the present case, the hot question of whether LPP could apply to in-house counsel at all was interestingly left open in the Supreme Court's decision. The investigation had started in October 2007 when, based on a leniency application filed in June 2007, the Comco conducted dawn raids at the premises of several road transport and

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  • International Committee of the Red Cross (Geneva)

Quotation

Simon Brunschwig, The Swiss Supreme Court rules on legal privilege (Panalpina case), 28 October 2008, e-Competitions Bulletin Legal privilege, Art. N° 25791

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