The Highest EU Court Reaffirms that Communications with In-House Counsel Are Not Covered by Legal Privilege in EU Competition Proceedings

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In its September 14, 2010 Akzo v. Commission1 judgment, the EU’s highest court, the European Court of Justice (“ECJ”), has ruled—yet again—that internal communications with in-house counsel are not covered by legal professional privilege (“LPP”), even when in-house counsel are members of the bar of an EU Member State. The judgment upholds the General Court’s (“GC”) September 17, 2007 ruling in the same case2 and the position originally taken in the ECJ’s AM&S v. Commission3 1982 case law.

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