The Spanish Competition Authority defines the scope of protection of legal privilege (Pepsi-Cola / Coca-Cola)

The Tribunal de Defensa de la Competencia (TDC) issued on 22 July 2002 a decision in which it established that documents created by companies in the context of their defence in competition proceedings before the European Commission did not have to be delivered to the Servicio de Defensa de la Competencia (SDC, investigating body of the former Spanish Competition Authority) as they were protected by legal privilege pursuant to the principles developed in EC case-law. Indeed, the TDC concluded that documents exchanged between independent undertakings, with a view to their defence in infringement proceedings, and under the instructions of the external counsel of one of such undertakings, deserve the protection of confidentiality of lawyer-client communications. The framework of the

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Paloma Martínez-Lage Sobredo, The Spanish Competition Authority defines the scope of protection of legal privilege (Pepsi-Cola / Coca-Cola), 22 July 2002, e-Competitions July 2002, Art. N° 20061

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