A US District Judge holds that an antitrust compliance policy can fall outside of attorney-client privilege (Domestic Drywall)

Are Antitrust Compliance Programs Protected by Attorney-Client Privilege?* We’ve previously written about the components of effective antitrust compliance programs and the potential benefits corporations may achieve by adopting them. (Read some of our posts here and here.) In drafting compliance programs, however, corporations should be aware that the attorney-client privilege may not protect a compliance policy from disclosure in litigation. This fall, in the In re Domestic Drywall Antitrust Litigation (MDL No. 2437), Judge Baylson (E.D. Pa.) ordered CertainTeed Gypsum, Inc., a defendant in an action alleging a conspiracy to fix prices of drywall in the U.S., to produce a copy of its antitrust compliance policy. CertainTeed

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Authors

  • Siemens (New York)
  • Patterson Belknap Webb & Tyler (New York)

Quotation

Deirdre McEvoy, Melissa R. Ginsberg, A US District Judge holds that an antitrust compliance policy can fall outside of attorney-client privilege (Domestic Drywall), 9 October 2014, e-Competitions Bulletin October 2014, Art. N° 70842

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