Legal privilege

Foreword Legal privilege: An overview of EU and national case law

The concept of privilege is the right of an individual to preserve the confidentiality of legal communications, it is a fundamental human right long recognised by common law and depending upon the territory in civil law systems. The rationale is that a client should be able to consult a lawyer in confidence without fear of having to disclose communications between them at a later date.

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Respect Zone (Paris)
France 10 contributions 12523 visits

General antitrust

 The Spanish Government approves the new General Statute of Spanish Lawyers which aims to provide the legal profession with a modern and effective legislative framework and clarifies legal privilege for Spanish in-house lawyers
European Company Lawyers Association (ECLA)
Belgium 1 contribution 191 visits
“A Giant Leap Forward in Continental Europe Toward Full Unification of The Legal Profession” – legal privilege for Spanish in-house lawyers clarified and enshrined in law* On 3 March, the Spanish Government approved the new General Statute of Spanish Lawyers, replacing the current system (...)

The EU Commission and the UK Government publish an agreement governing post-Brexit trade relations that includes provisions regulating antitrust enforcement and cooperation
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 8 contributions 4785 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 5 contributions 1421 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 27992 visits
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The European Union (EU)-U.K. Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the U.K. and the EU includes provisions regulating EU/U.K. antitrust enforcement and cooperation effective January 1, 2021: Anticompetitive practices and mergers. The TCA provides (...)

The Turkish Competition Authority publishes guidelines on the examination of digital data during on-site inspections
Erdem & Erdem (Istanbul)
Turkey 1 contribution 129 visits
Introduction Article 15 of Law on the Protection of Competition numbered 4054 (“Law”) authorizes the Competition Authority (“Authority”) to conduct on-site inspections at the undertakings’ premises if deemed necessary in carrying out the duties assigned to it by the Law. Pursuant to the (...)

The Canadian Competition Authority enters into multilateral mutual assistance and cooperation framework with Competition Authorities in Australia, New Zealand, the UK, and the US
Journal of Parliamentary and Political Law (Ottawa)
51 contributions 21417 visits
Introduction The 21st century has brought about new challenges for competition agencies. Globalisation, falling trade barriers, deregulation and digitalisation are just some of the difficult issues agencies must now consider to ensure and protect free and open competition. To this end, (...)

The French Parquet National Financier and the Anti-Corruption Agency publish procedural guidelines on the steps that need to be taken by companies that wish to enter into deferred prosecution agreements
Dechert (Paris)
France 1 contribution 539 visits
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Dechert (London)
United Kingdom 1 contribution 539 visits
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Dechert (London)
United Kingdom 1 contribution 539 visits
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Navigating French Internal Investigations and Self-Reporting - French Authorities Issue New Guidance* France is off to a strong start enforcing Sapin II, its December 2016 anti-corruption legislation. Since the enactment of the statute, the lead French investigating and prosecuting agencies, (...)

The International Competition Network announces a new set of principles with a view to making antitrust enforcement across jurisdictions more transparent, predictable and consistent
Norton Rose Fulbright (London)
United Kingdom 6 contributions 1293 visits
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Norton Rose Fulbright (London)
United Kingdom 4 contributions 251 visits
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Norton Rose Fulbright (London)
United Kingdom 2 contributions 159 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. One of the most significant challenges facing companies dealing with the proliferation of global competition regimes is inconsistencies in approach, timelines, (...)

The US FTC and DOJ publish the proposed antitrust guidelines for international enforcement and cooperation
Jones Day (Cleveland)
United States 12 contributions 4596 visits
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United States 23 contributions 11478 visits
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Jones Day (Washington)
United States 17 contributions 14282 visits
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The Federal Trade Commission and the Department of Justice have published for public comment proposed Antitrust Guidelines for International Enforcement and Cooperation ("2016 Proposed Guidelines"). This would be the third iteration of international enforcement guidelines, following the (...)

The Canadian and Indian Competition Authorities sign a memorandum of understanding on the application of competition laws
Journal of Parliamentary and Political Law (Ottawa)
51 contributions 21417 visits
Introduction Today’s global economy makes international cooperation in the enforcement of competition laws essential. To this end on 1 December 2014 Canada’s Commissioner of Competition (“Commissioner”) and the Competition Commission of India (“CCI”) signed a Memorandum of Understanding (...)

The Irish Parliament Committee on Jobs, Enterprise and Innovation debates on amendments proposed with a view to adopting the Competition and Consumer Protection Bill 2014
6 contributions 1716 visits
If it Ain’t Broke, Fix it: Ireland’s Competition Law, Version 2014* It took five years to draft. But now everything’s go!-go!-go! First published late spring 2014, Ireland’s newest competition law reform could be adopted by July. And though planning was long and time for debate is now short, (...)

Anticompetitive practices

 The EU Court of Justice confirms a decision of the General Court which dismissed a company’s request for the suspension of an investigation of documents marked as legally privileged (Alcodis / Alcogroup)
Ashurst (Brussels)
Belgium 37 contributions 9285 visits
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Ashurst (London)
United Kingdom 15 contributions 4187 visits
On 17 October 2019, the Court of Justice of the European Union ("ECJ") dismissed an appeal by ethanol company Alcogroup and its subsidiary Alcodis (collectivey "Alcogroup") against a ruling of the General Court ("GC") which had dismissed the company’s request for the suspension of the European (...)

The Finnish Supreme Administrative Court rules on the scope of legally privileged material and finds that a memorandum found during a dawn raid contained a clear reference to external legal advice in the subject matter under investigation (Matkahuolto)
Hannes Snellman (Helsinki)
Finland 23 contributions 3083 visits
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Bird & Bird (Helsinki)
Finland 14 contributions 1134 visits
The Finnish Competition and Consumer Authority ("FCCA") had, during a dawn raid at a company’s premises, seized a memorandum drafted by this company which, among other things, referred to the legal advice provided to the company by an external attorney. The FCCA argued that as the internal (...)

The Paris Court of Appeal grants legal privilege protection to in-house emails referring to the company’s defence strategy prepared by outside legal counsel (Whirlpool)
Epex Spot (Paris)
France 8 contributions 3384 visits
In its ruling issued on 8 November 2017, the Paris Court of Appeal (hereafter “the Court”) considers that in-house emails referring to a company’s defence strategy prepared by outside legal counsels but neither sent by or to an outside legal counsel were covered by lawyer-client privilege and (...)

The Brazilian Superior Court of Justice limits the confidentiality of the Brazilian Competition Authority’s leniency agreements (Εlectrolux)
DLA Piper (New York)
United States 5 contributions 2143 visits
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Mattos Filho (Sao Paulo)
Brazil 4 contributions 1960 visits
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Carrilho Donas Gumaraes e Falek Advocacia (Brasilia)
Brazil 1 contribution 598 visits
The Brazilian Superior Court of Justice (“STJ”) has issued a ruling that seeks to limit the confidentiality of leniency agreements entered into with the Brazilian antitrust authority (“CADE”). Pursuant to the ruling, third parties may have access to such agreements and related materials (...)

The England & Wales Court of Appeal strikes out two cartel damage claims based on the torts of conspiracy and economic interference and narrows the scope of other potential claims (Air Cargo)
Simmons & Simmons (London)
United Kingdom 4 contributions 481 visits
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Simmons & Simmons (London)
United Kingdom 19 contributions 4865 visits
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Agoda (Bangkok)
Thailand 12 contributions 4239 visits
In brief There were three significant developments in the air cargo cartel damages litigation in the UK in October 2015. First, on 14 October 2015, the English Court of Appeal significantly narrowed the scope of potential claims in the UK by striking out two claims based on the torts of (...)

The Serbian Competition Authority conducts dawn raids in the distribution of e-cigarettes and e-liquid markets for resale price maintenance
BDK Advokati (Belgrade)
Serbia 15 contributions 713 visits
The Serbian Commission for Protection of Competition has announced on its website that in the second week of July it had conducted its first dawn raid on several locations in Belgrade. The coordinated dawn raids were made within an investigation related to “distribution of e-cigarettes and (...)

The Ontario Superior Court of Justice holds that information received by the Competition Authority at the proffer stage of its immunity and leniency programs is not protected from disclosure to other accused persons by settlement privilege (Nestlé Canada)
TSMC (San Francisco)
United States 2 contributions 517 visits
Proffers to Competition Bureau must be disclosed to accused, court says* Information received by the Competition Bureau at the proffer stage of its Immunity and Leniency Programs is not protected from disclosure to other accused persons by settlement privilege, the Ontario Superior Court of (...)

The amended Polish Competition Act enters into force, raising questions about guarantees and procedures in antitrust cases
Hansberry Tomkiel (Warsaw)
Poland 1 contribution 215 visits
Polish competition law Both EU and Polish competition law apply in Poland. The Polish Competition Act follows EU substantive principles and its Article 6 is modelled upon Article 101 of the TFEU. The Act, however, differs from EU competition law with respect to the liability of individuals (...)

The Singapore Competition Authority fines four Japanese ball bearings manufacturers and their Singapore subsidiaries S$9.3M for an anticompetitive agreement (Ball and roller bearings manufacturers)
Rajah & Tann (Singapore)
Singapore 2 contributions 881 visits
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8 contributions 5187 visits
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Rajah & Tann (Singapore)
Singapore 6 contributions 4677 visits
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction Happy New Year all! We start the year with a coverage of key developments in competition law in Singapore over the past year, and discuss the (...)

Unilateral Practices

 The UK Competition Appeal Tribunal considers what constitutes abusive conduct and the use of expert economic advice and clarifies what the "as-efficient competitor test" entails (Royal Mail / Whistl)
Latham & Watkins (London)
United Kingdom 2 contributions 798 visits
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Latham & Watkins (London)
United Kingdom 10 contributions 13085 visits
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Latham & Watkins (London)
United Kingdom 1 contribution 743 visits
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UK COMPETITION APPEAL TRIBUNAL JUDGMENT: PUSHING THE ENVELOPE ON ABUSE OF DOMINANCE* The CAT’s Royal Mail v Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test, and the use of expert economic advice. On 12 November 2019, the UK Competition Appeal (...)

The Turkish Competition Authority imposes fines totalling €8.1M on an electricity distributor and its subsidiary for abuse of dominance (Akdeniz EDAS / CLK / Ak Den)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 83965 visits
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Kia (Frankfurt)
Germany 6 contributions 2959 visits
Upon a number of complaints, the Turkish Competition Board (the “Board”) opened an in-depth investigation against Akdeniz Elektrik Dağıtım A.Ş. (“Akdeniz Elektrik”), CK Akdeniz Elektrik Perakende Satış A.Ş. (“CK Akdeniz”) and AK DEN Enerji Dağıtım ve Perakende Satış Hizmetleri (“AK DEN”), (...)

The US District Court for the Northern District of California Judge expresses possible abuses in asserting legal privilege (Qualcomm / FTC)
DLA Piper Weiss-Tessbach (Vienna)
Autriche 26 contributions 7682 visites
U.S. Qualcomm Case Update: Privilege Assertions* On 22 March 2018, in a court hearing in the Qualcomm case, Judge Koh expressed her concern over possible abuses in asserting legal privilege over certain documents. In January 2017, the U.S. FTC sued Qualcomm, alleging that the company (...)

The EU Court of Justice revolves around the radius of Commission’s powers and discretion in establishing an infringement of article 106 TFEU read together with article 102 TFEU (Greek Lignite case)
Prentoulis Gerakini Law Partnership (Athens)
Greece 6 contributions 2541 visits
On 17 July 2014 the Court of Justice of the EU (‘CJEU’) rendered its decision in the Greek Lignite case, which revolves around the radius of Commission’s powers and discretion in establishing an infringement of article 106 TFEU read together with article 102 TFEU. Article 106 is the legal (...)

Mergers

 The US DoJ files enforcement action against global management consulting company as part of its investigation into global credit card company’s proposed acquisition of a fintech company (Visa / Plaid)
US Department of Justice (Washington)
United States 180 contributions 79466 visits
Justice Department Files Enforcement Action Against Bain & Company As Part of Its Investigation Into Visa Inc’s Proposed Acquisition of Plaid Inc* Petition against Third Party Seeks to Enforce Compliance with the Department’s Civil Investigative Demand Today, the Department of Justice (...)

The UK Competition and Markets Authority fines a company for failure to comply with document requests (Sabre / Farelogix)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72647 visits
On 11 October 2019, the UK’s Competition and Markets Authority (“CMA”) fined the airline technology company Sabre Holdings £ 20,000 for failing to comply with two Section 109 Enterprise Act notices during the CMA’s in-depth investigation into its proposed acquisition of Farelogix, Inc. (...)

The UK Competition and Markets Authority issues Guidance on requests for internal documents in merger investigations
White & Case (London)
United Kingdom 27 contributions 13784 visits
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White & Case (Brussels)
Belgium 21 contributions 24803 visits
Competition authorities around the world typically place considerable weight on parties’ internal documents when assessing the potential effects of a merger. Such documents, many of which can pre-date the companies’ decision to enter into a transaction, are often regarded as conveying the (...)

The EU Commission clears the merger of semiconductor companies subject to interoperability and quasi-structural remedies designed to address conglomerate concerns (Qualcomm / NXP)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 79 contributions 60495 visits
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Skadden, Arps, Slate, Meagher & Flom (Washington)
United States 4 contributions 1952 visits
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NXP Semiconductors (Hamburg)
Germany 1 contribution 124 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 26 July 2018, US company Qualcomm Inc announced the abandonment of its proposed acquisition, through its subsidiary Qualcomm River Holding BV (Qualcomm), of (...)

The Ontario Superior Court of Justice clarifies the Canadian Competition Authority disclosure obligations in cartel prosecutions (Nestlé Canada)
Davies Ward Phillips & Vineberg (Toronto)
Canada 21 contributions 4037 visits
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Davies Ward Phillips & Vineberg (Toronto)
Canada 2 contributions 362 visits
Canadian Court Clarifies Competition Bureau Disclosure Obligations in Cartel Prosecutions* On February 4, 2015, the Ontario Superior Court of Justice ruled that relevant factual information proffered to the Crown in order to qualify for immunity or leniency under the Competition Bureau’s (...)

Procedures

 The EU Court of Justice rules that legal professional privilege extends to all communications from external counsel (Orde van Vlaamse Balies)
Van Bael & Bellis (Brussels)
Belgium 34 contributions 8172 visits
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Van Bael & Bellis (Brussels)
Belgium 61 contributions 15278 visits
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Van Bael & Bellis (Brussels)
Belgium 389 contributions 95017 visits
On 8 December 2022, the Court of Justice of the European Union (“CJEU”) handed down a judgment (C-694/20, Orde van Vlaamse Balies) which appears to strengthen the protection afforded by legal professional privilege (“LPP”) under EU law. In its judgment, the CJEU has held for the first time (...)

The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision not to apply protection of legal professional privilege to certain documents and not to remove them from the inspection data set rules during investigations of competition law infringements (AV investicija)
Lithuanian Competition Authority (Vilnius)
Lithuania 2 contributions 129 visits
The Supreme Administrative Court of Lithuania (“SACL”) ruled on the protection of legal professional privilege (“LPP”) during the investigations of the competition law infringements. The SACL upheld the decision of the Competition Council of the Republic of Lithuania (“Competition Council”) (...)

The Dutch District Court of Rotterdam hands down judgment in an appeal brought by an oil and gas company against a magistrate ruling regarding the scope of legal professional privilege (Royal Dutch Shell)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 41 contributions 40195 visits
On January 28, 2021, the Rotterdam District Court handed down judgment in an appeal brought by Royal Dutch Shell (Shell) against an October 2019 magistrate ruling regarding the scope of legal professional privilege (LPP) over legal advice given by Shell’s in-house lawyers. The judgment is a (...)

The Rotterdam District Court rules on legal privilege for in-house lawyers (Royal Dutch Shell)
Cleary Gottlieb Steen & Hamilton (Brussels)
Belgium 16 contributions 5422 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8873 visits
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Macfarlanes (Brussels)
Belgium 15 contributions 16601 visits
On January 28, 2021, the Rotterdam District Court handed down a judgment in an appeal brought by Royal Dutch Shell (Shell) against an October 2019 magistrate ruling regarding the scope of legal professional privilege (LPP) over legal advice given by Shell’s in- house lawyers . The judgment is (...)

The French Supreme Court extends legal privilege to all attorney-client correspondence relating to rights of defence (EDF / Dalkia)
Huawei Technologies (Boulogne-Billancourt)
France 12 contributions 2763 visits
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Bird & Bird (Paris)
France 23 contributions 3335 visits
On 20 January 2021, the criminal chamber of the French Supreme Court held that in the context of a dawn raid carried out by a competition authority, all attorney-client correspondence relating to the right of defence is protected and therefore exempt from seizure. Contrary to what previous (...)

The Turkish Competition Authority publishes guidelines for the examination of digital data during on-site inspections
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 83965 visits
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 24 contributions 4923 visites
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turquie 13 contributions 3169 visites
(1) Introduction The Guidelines on Examination of Digital Data during On-site Inspections (“Guidelines”), which was recently published by the Turkish Competition Authority (“Authority”), specifically refer to the procedure to be followed when the case handlers encounter situations calling (...)

The English High Court confirms that legal advice privilege applies to foreign in-house lawyers (PJSC Tatneft / Bogolyubov)
Covington & Burling (London)
United Kingdom 6 contributions 1441 visits
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Covington & Burling (London)
United Kingdom 3 contributions 571 visits
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Covington & Burling (London)
United Kingdom 4 contributions 503 visits
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In this alert, we review a welcome English High Court decision, which confirms that legal advice privilege extends to communications with foreign lawyers who provide legal advice in their capacity as in-house counsel. The decision of Mrs Justice Moulder in PJSC Tatneft v Bogolyubov and (...)

The Lithuanian Competition Authority publishes an explanatory note clarifying its dawn raids procedure
Lithuanian Competition Authority (Vilnius)
Lithuania 106 contributions 20841 visits
Konkurencijos Taryba Publishes Explanatory Note on Inspections Performed at Business Premises* The Lithuanian competition authority Konkurencijos taryba has prepared an explanatory note for companies and their lawyers to give more clarity on the procedures of the inspections carried out at (...)

The Japanese FTC publishes new draft rules and guidelines establishing limited confidentiality protections for attorney-client in certain investigations
Morrison & Foerster (Tokyo)
Japan 1 contribution 114 visits
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Morrison & Foerster (Tokyo)
Japan 1 contribution 114 visits
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Morrison & Foerster (Tokyo)
Japan 2 contributions 1107 visits
Japan FTC Proposes New Attorney-Client Privilege Rules for Public Comment* In April 2020, Japan’s antitrust regulator, the Japan Fair Trade Commission (JFTC), issued draft rules and guidelines establishing, among other things, limited confidentiality protections for attorney-client (...)

The Mexican Competition Authority releases guidelines that recognise attorney-client privilege in antitrust investigations
Jones Day (Mexico)
Mexico 8 contributions 3038 visits
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Jones Day (Washington)
United States 20 contributions 4112 visits
In Short The Development: Mexico’s antitrust authority, the Comisión Federal de Competencia Económica ("COFECE"), released guidelines that recognize the attorney-client privilege in antitrust investigations. Background: Mexican law requires that lawyers maintain professional secrecy, which (...)

The Philippine Supreme Court issues rules for inspections for administrative investigations by the Competition Authority
Quisumbing Torres, member firm of Baker & McKenzie International (Manila)
Philippines 1 contribution 43 visits
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Quisumbing Torres, member firm of Baker & McKenzie International (Manila)
Philippines 1 contribution 43 visits
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Quisumbing Torres, member firm of Baker & McKenzie International (Manila)
Philippines 1 contribution 43 visits
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Recent Developments The Supreme Court has recently issued A.M. No. 19-08-06-SC or the "Rule on Administrative Search and Inspection under the Philippine (...)

The US Supreme Court issues a decision limiting the circumstances under which a federal agency may be compelled to disclose the confidential information received by the agency, from a private party (Food Marketing Institute / Argus Leader Media)
Cleary Gottlieb Steen & Hamilton (Hong Kong)
Hong Kong 1 contribution 262 visits
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Cleary Gottlieb Steen & Hamilton (Washington)
United States 2 contributions 503 visits
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Amazon (Washington)
United States 3 contributions 787 visits
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On June 24, 2019, the Supreme Court of the United States issued an important decision limiting the circumstances under which a federal agency may be compelled to disclose “confidential” information the agency received from a private party, and which the agency seeks to withhold under the (...)

The Turkish Competition Authority fines a fertiliser supplier for hindering an on-site inspection (Ege Gübre Sanayii)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 173 contributions 83965 visits
On May 3rd, 2019 the Turkish Competition Board (“Board”) published its reasoned decision dated February 7th, 2019 and numbered 19-06/51-18 with respect to the hindering of the on-site inspection conducted in Ege Gübre Sanayii A.Ş. (“Ege Gübre”). The decision concerns the evaluation on whether (...)

The OECD holds a roundtable on the treatment of legally privileged information in competition proceedings
OECD - Competition Division (Paris)
France 313 contributions 1439574 visites
Most OECD jurisdictions protect the confidentiality of the relationship between a client and its attorney, and grant parties in competition proceedings the right to resist disclosure of protected information to public bodies and third parties. Legal professional privilege is a corollary of the (...)

The President of the EU General Court rejects an application to prevent publication of a Commission’ decision (EURIBOR)
Gómez-Acebo & Pombo (Brussels)
Belgique 51 contributions 29111 visites
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European Commission - DG COMP (Brussels)
Belgique 45 contributions 20854 visites
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Basic-Fit (Hoofddorp)
Pays-Bas 45 contributions 20863 visites
On 7 December 2016, the European Commission adopted a decision whereby it fined Crédit agricole, JP Morgan Chase and another bank EUR 485 million for participating in the so-called EURIBOR cartel. The investigation of the Commission revealed that the banks in question had colluded on certain (...)

The German Federal Constitutional Court upholds limitations to the prohibition of seizure of evidence at law firms (Volkswagen)
White & Case (Hamburg)
Germany 10 contributions 36800 visits
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White & Case (Berlin)
Germany 1 contribution 117 visits
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White & Case (Frankfurt)
Germany 1 contribution 117 visits
The protection from seizure by law enforcement, which the client-attorney privilege affords to the findings gathered by lawyers who are commissioned with internal investigations at businesses, has narrow limits. The affiliate of a law firm’s client has been denied protection from seizure by (...)

The High Court of Delhi upholds the right to counsel during antitrust investigation by Director General but restricts the scope of counsel to exclude direct consultation with client (Oriental Rubber)
Vaish Associates Advocates (New Delhi)
Inde 263 contributions 43073 visites
Delhi High Court upholds right to counsel during DG investigation* The division bench of the Delhi High Court by its judgement dated May 24, 2018 in Competition Commission of India and Anr. v. Oriental Rubber Industries Pvt. Ltd. has upheld the right of a person summoned by the Director (...)

The Federal Court of Appeal of Ottawa denies the Competition Bureau public interest privilege (Vancouver Airport Authority)
Stikeman Elliott (Toronto)
Canada 6 contributions 2132 visits
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Norton Rose Fulbright (Toronto)
Canada 2 contributions 272 visits
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Ontario Superior Court of Justice
Canada 1 contribution 116 visits
Last April, the Competition Tribunal (Tribunal) rejected arguments that the Tribunal’s longstanding approach to public interest privilege should re-evaluated and found that class privilege protected documents from disclosure that the Competition Bureau (Bureau) had collected from third parties (...)

The Spanish Competition Authority issues guidance on dawn raids in Spain
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47192 visits
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Callol, Coca & Asociados (Madrid)
Spain 65 contributions 22319 visits
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Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4211 visits
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On 7 June 2016, the National Markets and Competition Commission (NMCC) has published a notice (Notice) providing information on the procedure followed by NMCC when carrying out dawn raids. The NMCC’s note contemplates the main milestones of an inspection (i.e., legal authorization and (...)

The Swedish government passes a new Competition damages act in order to implement the Directive on antitrust damages actions
Delphi (Stockholm)
Sweden 6 contributions 12358 visits
The new Swedish Competition Damages Act* The Swedish implementation of the Directive on Antitrust Damages Actions (the “Directive”) is in force as of 27 December 2016 with the entering into force of the Swedish Competition Damages Act (Sw. Konkurrensskadelag (2016:964)) (the “Act”). The (...)

The UK Parliament implements the EU antitrust damages directive
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 13 contributions 3510 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8873 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 41 contributions 40195 visits
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The Damages Directive seeks to promote private enforcement of EU competition law before national courts across the European Union (the “EU”). The UK Regulations implementing the Directive were laid before Parliament on 20 December 2016 but will not come into force until after they have (...)

The English High Court rules that notes of witness interviews prepared by in-house and external counsel in the course of an internal investigation were not covered by legal advice privilege or lawyers’ working papers privilege (RBS Rights Issue Litigation)
Ontier (London)
United Kingdom 1 contribution 306 visits
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Allen & Overy (London)
United Kingdom 2 contributions 695 visits
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Shearman & Sterling (London)
United Kingdom 1 contribution 306 visits
In December 2016, the English High Court ruled that transcripts, notes and other records of witness interviews prepared by in-house and external counsel in the course of an internal investigation were not covered by either legal advice privilege (“LAP”) or lawyers’ working papers privilege. (...)

The EU General Court confirms that the EU Commission may rely on recordings seized unlawfully by a third party in a dawn raid (Heiploeg)
Norton Rose Fulbright (Brussels)
Belgium 37 contributions 7456 visits
GENERAL COURT CONFIRMS THAT THE COMMISSION MAY RELY ON LAWFULLY SEIZED RECORDINGS EVEN IF MADE UNLAWFULLY BY A THIRD PARTY* On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed (...)

The Spanish Competition Authority holds that mobile phones are not safe from dawn raid scrutiny (Nougat cartel)
European Commission - DG COMP (Brussels)
Belgium 1 contribution 243 visits
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King & Spalding (Brussels)
Belgium 8 contributions 1640 visits
Employee’s mobile phones not safe from dawn raid scrutiny, Spanish court finds* On 7 April 2016, the CNMC (Spain’s National Authority for Markets and Competition) Council imposed fines totalling €6.12 million on six Spanish nougat (“turrón”) producers for agreeing to share the market of the (...)

The Japanese FTC and the EU Commission announce their intention to upgrade the current antitrust co-operation agreement between Japan and the EU
Norton Rose Fulbright (Brussels)
Belgium 20 contributions 5680 visits
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Norton Rose Fulbright (Brussels)
Belgium 37 contributions 7456 visits
ENHANCED SHARING OF ANTITRUST EVIDENCE: NEW EU/JAPAN COOPERATION AGREEMENT* On 15 March 2016, the Japan Fair Trade Commission (JFTC) and the European Commission (Commission) announced their intention to upgrade the current antitrust co-operation agreement between Japan and the European (...)

The Supreme Court of British Columbia denies disclosure based on public interest privilege (Pro-Sys / Microsoft)
Conzen O’Connor (Toronto)
France 23 contributions 5708 visits
Documents and information that the Competition Bureau collects from third parties during its investigations are protected by public interest privilege from disclosure to plaintiffs in private actions, the BC Supreme Court has ruled. The plaintiffs in a class action alleging that Microsoft (...)

The EU Court of Human Rights rules that French dawn raids breached fundamental rights (Vinci / GTM)
JPTT-Vitale (Paris)
France 177 contributions 375614 visites
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White & Case (Brussels)
Belgium 21 contributions 24803 visits
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White & Case (Brussels)
Belgium 50 contributions 38712 visits
The European Court of Human Rights (the “ECtHR”) has ruled in the Vinci case that the circumstances surrounding the electronic removal of documents and computer files during a dawn raid violated two companies’ privacy rights enshrined in the European Convention on Human Rights (“ECHR”) . The (...)

The EU Court of Human Rights rules that dawn raids carried out at the premises of two companies by the French Department for Competition, Consumer Protection and Fraud violates both the rights of defense and the right to privacy (Vinci / GTM)
Jones Day (Paris)
France 12 contributions 27159 visits
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Jones Day (Brussels)
Belgium 28 contributions 8808 visits
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Jones Day (Paris)
France 30 contributions 25843 visits
The European Court of Human Rights (ECtHR) recently ruled that dawn raids carried out at the premises of two French construction companies by the DGCCRF (French Department for Competition, Consumer Protection and Fraud) violated both the rights of defense and the right to privacy, due to (...)

The cooperation agreement between the European Union and Switzerland concerning the application of their competition laws is in force since the 1st of December 2014
Athena Avocats (Geneva)
Switzerland 18 contributions 3281 visits
NB: This article will be published in Concurrences N° 2-2014, Case comments: International Policy The Agreement between the European Union and Switzerland concerning cooperation on the application of their competition laws came into force on December 1, 2014 (hereafter “Cooperation (...)

The EU Parliament and the EU Council formally adopt the Directive on Antitrust Damages Actions
Franklin (Paris)
France 34 contributions 21997 visits
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Norton Rose Fulbright (Brussels)
Belgium 20 contributions 5680 visits
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White & Case (Milan)
Italy 16 contributions 18877 visits
The EU Directive on Antitrust Damages Actions was formally adopted by the European Parliament and the EU Council on 26 November 2014 and was published in the Official Journal on 5 December 2014. The 28 EU Member States are required to adapt their national laws and procedures in line with the (...)

The England & Wales High Court of Justice orders the disclosure of a four-years old unpublished decision of the EU Commission to a confidentiality ring of claimants and defendants (Emerald Supplies)
Blackstone Chambers (London)
United Kingdom 1 contribution 184 visits
High Court tests the limits of confidentiality in EC infringement decisions* The European Commission came in for some stern criticism from the High Court this week, in a case which looks set to test the boundaries of confidentiality in EC infringement decisions: see Emerald Supplies v BA (...)

A US District Judge holds that an antitrust compliance policy can fall outside of attorney-client privilege (Domestic Drywall)
Siemens (New York)
United States 21 contributions 7705 visits
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Patterson Belknap Webb & Tyler (New York)
United States 2 contributions 803 visits
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 (...)

The UK Enterprise and Regulatory Reform Act enters into force, setting a new Competition and Markets Authority with procedures facilitating faster and more effective information gathering and decision-making
Ashurst (London)
United Kingdom 35 contributions 17133 visits
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Ashurst (London)
United Kingdom 21 contributions 4426 visits
This article outlines the key changes made to the UK competition regime following the enactment of the Enterprise and Regulatory Reform Act 2013, which provided for the merger of the Office of Fair Trading and Competition Commission to form the new Competition and Markets Authority. The (...)

The Irish Competition Authority and National Consumer Agency welcomes the publication of the Competition and Consumer Protection Bill which will merge the two organisations to form the Competition and Consumer Protection Commission
Irish Competition Authority (Dublin)
Ireland 104 contributions 16703 visits
Competition Authority and National Consumer Agency welcome publication of the Competition and Consumer Protection Bill* The Competition Authority and National Consumer Agency today welcomed the publication of the Competition and Consumer Protection Bill which will merge the two organisations (...)

The Competition and Markets Authority (CMA) publishes new guidlines regarding its antitrust investigation regime
DLA Piper (London)
United Kingdom 28 contributions 11499 visits
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Sidley Austin (Brussels)
United States 9 contributions 7672 visits
The UK’s New Civil Antitrust Investigations Regime* From April 1, a new regime for civil antitrust investigations applies in the UK with the entry into effect of the new Competition and Markets Authority (“CMA”) (see Antitrust Alert). The CMA has recently published guidance on how this new (...)

The German Federal Court of Justice recognizes that information which became known to lawyers in the process of acquiring new clients may be subject to the right to refuse testimony
Deutsche Bahn (Frankfurt)
6 contributions 1917 visits
In its decision of 18 February 2014, the Federal Court of Justice (the “Court”) considered the right to refuse testimony to apply to any information which became known to a lawyer in the course of two telephone calls he made for the purpose of the acquisition of a new client. As a consequence, (...)

The German Federal Court of Justice recognizes that information which became known to lawyers in the process of acquiring new clients may be subject to the right to refuse testimony
Commeo (Frankfurt)
Germany 10 contributions 2649 visits
In its decision of 18 February 2014, the Federal Court of Justice (the “Court”) considered the right to refuse testimony to apply to any information which became known to a lawyer in the course of two telephone calls he made for the purpose of the acquisition of a new client. As a consequence, (...)