Overview

The rules on legal professional privilege (“LPP”) in EU competition law cases will be debated before the Court of Justice on 9 February, providing another opportunity for the status of communications with in-house lawyers to be brought into line with the status of communications with external counsel. The outcome of the case will have important consequences for the extent to which companies can protect documents from disclosure to the competition authorities, and consequently the way in which they manage their communications.

The current law on LPP
The case in front of the Court of Justice is an appeal of an earlier judgment by the Court of First Instance (the “CFI”) of September 2007.

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