Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Wednesday, February 2, 2011

Just Another Brick in the Wall: Communications with In-house Lawyers Remain Unprotected by Legal Privilege at the European Union Level

Posted by D. Daniel Sokol

Luis Pais Antunes (PMLJ) describes Just Another Brick in the Wall: Communications with In-house Lawyers Remain Unprotected by Legal Privilege at the European Union Level.
ABSTRACT: As decided by the ECJ, legal privilege does not extend to in-house lawyers in antitrust investigations carried out by the Commission. The decision creates a discrepancy with national investigations as that extension is accepted in some countries. It further creates unease for companies taking advice from in-house lawyers, which may compromise their role in ensuring compliance. It raises questions as to why ‘enrolled in-house lawyers’ should remain subject to ethical and discipline rules applicable to external lawyers as their communications do not benefit from the same protection.

http://lawprofessors.typepad.com/antitrustprof_blog/2011/02/just-another-brick-in-the-wall-communications-with-in-house-lawyers-remain-unprotected-by-legal-priv.html

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