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Legal Professional Privilege Under European Union Law - Navigating the Unresolved Questions Following the Akzo Judgment

11 November 2010

Antitrust Update

The article addresses the ruling of the Court of Justice of the European Union of 14 September 2010 in Case C-550/07P Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v Commission which confirms that the protection of legal professional privilege (LPP) does not extend under EU law to advice given by in-house lawyers.   This circumscribed approach to LPP gives rise to serious difficulties for U.S. and multinational companies with operations within the EU in obtaining confidential legal advice and communicating that advice within their business.


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