Overview

The ECJ’s judgment in Akzo Nobel v European Commission last month confirmed that for the purposes of EU law, legal professional privilege will not apply between in-house counsel and client,

The central finding is that the relationship of employment “by its very nature, does not allow [in-hous counsel] to ignore the commercial strategies pursued by his employer, and thereby affects his ability to exercise professional independence”.

Ashurst competition partner Euan Burrows argues, however, that the judgment conflicts with EU principles and leaves the European Commission – whose work it primarily affects – on a collision course with the European Court of Human Rights.

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