Overview

The Court of Justice has today issued its judgment in the case of Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v European Commission and there is, unfortunately, no reprieve for in-house
lawyers as the Court of Justice has confirmed that companies have no right during EU antitrust investigations to claim legal professional privilege in legal advice given by their in-house lawyers.

This eBulletin summarises the Court’s judgment and considers the impact it will have on the practices of in-house counsel.


WHAT IS LEGAL PROFESSIONAL PRIVILEGE?

A party to a dispute is not required to disclose confidential communications between it and its lawyers, which were created as part of the process of giving and receiving legal advice. This important right allows parties to discuss matters openly with their lawyers without running the risk that the contents of those discussions will be revealed to the other side in any subsequent proceedings. Under English law it is accepted that legal professional privilege applies to advice from in-house counsel in the same way as it applies to advice from private law firms.