The European Court of Justice issued a landmark decision (pdf) on Tuesday, confirming that legal privilege does not extend to communications with in-house legal counsel in European Commission competition investigations.
Although the court’s ruling largely confirms long-standing case law on this issue, the court’s unequivocal ruling has implications for the ways in which companies seek and obtain legal advice and should be carefully considered. This article sets forth a summary of the decision and provides practical guidance for in-house counsel to seeking to maximize the application of legal privilege in commission investigations.
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