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Legal Professional Privilege in EU Competition Investigations
Setting out the current rules on legal professional privilege (LPP), with specific attention to their relevance in competition investigations, this comprehensive book analyses the practice of LPP by the European Commission and its current interpretations in the European Courts. It also compares this to practice in the EU Member States, as well as other jurisdictions including Japan, the UK, and the US.
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Critical Acclaim
Contents
More Information
Setting out the current rules on legal professional privilege (LPP), with specific attention to their relevance in EU competition investigations, this comprehensive book analyses the practice of LPP by the European Commission and its interpretations in the European Courts. It also compares this to practice in the EU Member States, as well as other jurisdictions including Japan, the UK, and the US.
Key Features:
• An overview of the history of LPP
• Discussions on the practice of LPP in the EU and globally
• Commentary on the relevant case law of the EU courts in relation to LPP in EU competition investigations
• Analysis of LPP in competition investigations in the EFTA countries, EU Member States, and other jurisdictions
This book will be an essential resource for competition practitioners – both private practitioners and in-house counsel – as well as officials at the Commission and at the competition authorities and enforcement agencies.
Key Features:
• An overview of the history of LPP
• Discussions on the practice of LPP in the EU and globally
• Commentary on the relevant case law of the EU courts in relation to LPP in EU competition investigations
• Analysis of LPP in competition investigations in the EFTA countries, EU Member States, and other jurisdictions
This book will be an essential resource for competition practitioners – both private practitioners and in-house counsel – as well as officials at the Commission and at the competition authorities and enforcement agencies.
Critical Acclaim
‘The book is informative and well written. It provides a useful survey of legislation, case law and agency decisions affecting legal professional privilege in competition investigations. While its focus is on EU law, and specifically on investigations conducted by the European Commission, I find significant added value in the sections devoted to LPP protection in ten EU Member States, as well as in the EEA and in other major antitrust jurisdictions across the world. Apart from this emphasis on comparative law, what makes this book stand out is the effort to compile, reference and discuss every major precedent as far as EU law is concerned. I would recommend this book to anybody looking for an up-to-date and well-structured approach to this topic.’
– Eric Gippini Fournier, European Commission
‘In today''s globalized world, this new book provides a much needed and up-to-date perspective on the handling of legal professional privilege in key jurisdictions. Useful advice is given in this regard to avoid costly mistakes and minimize risks of undesirable leaks. In a prospective manner, the book also argues convincingly for a revision of the rules, inter alia so that the current approach as followed in most jurisdictions be broadened to communication with in-house counsel and lawyers from foreign jurisdictions.’
– Denis Waelbroeck, Ashurst, Belgium
– Eric Gippini Fournier, European Commission
‘In today''s globalized world, this new book provides a much needed and up-to-date perspective on the handling of legal professional privilege in key jurisdictions. Useful advice is given in this regard to avoid costly mistakes and minimize risks of undesirable leaks. In a prospective manner, the book also argues convincingly for a revision of the rules, inter alia so that the current approach as followed in most jurisdictions be broadened to communication with in-house counsel and lawyers from foreign jurisdictions.’
– Denis Waelbroeck, Ashurst, Belgium
Contents
Contents Preface 1. Introduction to Legal Professional Privilege in EU Competition Investigations 2. The notion of LPP in EU competition investigations 3. History of LPP 4. Relevant case law of the EU Courts in relation to LPP in EU competition investigations 5. Relevant EU legislation and soft law acts in relation to LPP in EU competition investigations 6. LPP in European Commission’s investigations 7. The current conditions for LPP protection in EU competition investigations 8. LPP in the context of EU merger control 9. LPP in competition investigations in the EFTA countries 10. LPP in competition investigations in the EU Member States 11. LPP in jurisdictions other than the EU 12. Conclusion Bibliography Index
