Legal privilege: The CFI takes a small step forward (Akzo)

– CFI, 17 September 2007, Akzo Nobel Chemicals Ltd, Akcros Chemicals Ltd v. Commission, joined cases T-125/03 et T-253/03 The Court of First Instance (hereafter the CFI) has rendered a long-awaited and highly-motivated decision concerning the confidentiality of communications between lawyers and their clients (also called "legal privilege"). While European competition law has been deeply transformed during the last years, the case law has not evolved regarding this matter since the seminal decision AM&S (ECJ 18 May 1982 case T-155/79) and the Hilti order (CFI 4 April 1990 case T-30/89). There is little doubt that this decision, which has already been widely commented, will be closely studied by undertakings, in particular undertakings setting up compliance programmes. We shall recall