Antitrust & Competition Policy Blog

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

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Wednesday, September 5, 2012

UK: Clarification of the Litigation Privilege that can be Claimed by Parties During an Investigation by a Competition Authority

Posted by D. Daniel Sokol

Dan Burton (Freshfields) describes UK: Clarification of the Litigation Privilege that can be Claimed by Parties During an Investigation by a Competition Authority.

ABSTRACT: Litigation privilege allows firms to withhold material where that material was created, predominantly, for the purpose of actual or contemplated litigation. For the first time, the scope of that privilege has been considered, in the UK, by a court in the context of a competition investigation. The judgment clarifies the extent of the privilege in the context of OFT investigations for breach of UK competition law—and provides insight as to how that rule could be interpreted elsewhere in the European Union.

http://lawprofessors.typepad.com/antitrustprof_blog/2012/09/uk-clarification-of-the-litigation-privilege-that-can-be-claimed-by-parties-during-an-investigation-.html

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