Legal Privilege

The issue of legal privilege of in-house lawyers regarding EC Competition law has been widely debated for years.  In 1982, the European Court of Justice decided that legal privilege only applies to communications with "outside lawyers", refusing to recognise any legal priviege for in-house lawyers and their communications with their clients.

ECLA considers this situation most unsatisfactory and believes that for many reasons it should be readdressed, including with regard to the recently adopted modernisation of the application of Articles 81 & 82 of the EU Treaty.

More information on ECLA's arguments and facts can be found in the following documents:-

ECLA Documents

	Intervention Statement in the AKZO Nobel Case
	ECLA's Oral Argument Before the Court of First Instance in the AKZO Nobel Case
	Modernisation of Competition Law (August 2003) ECLA position paper, as featured in Global Counsel
	The situation of in-house counsel in member states: comparative tables (2003)
	Human rights implications of privelege denial (2002)
	Legal privilege before national competition authorities (2001)
	The case for in-house legal privilege in EC law (2001)
	The Commission's white paper on the modernisation of the rules implementing articles 81 and 82 (updated & approved by the Board December 2000)
	Legal privilege for in-house lawyers - position paper (Approved by the members of ECLA in December 1997).
	Legal privilege versus secret professionel (1997)
	In-house lawyers - issues of ethics and independence (1997)

 

Official documents

	Interim order given in Akzo Nobel case
	European Parliament Vote on the Merger Regulation & Legal Privilege (2003)

Third party documents

	L’arrêt AKZO: le Tribunal de Première Instance refuse d’étendre aux juristes d’entreprise la protection du secret professionnel
	The Court of First Instance clarifies the extent of legal professional privilege in European Commission competition cases
	CFI denies Legal Privilege for In-House Counsel
	Third Circuit Clarifies Privilege Rules for Jointly-Represented Corporate Entities
	AKZO NOBEL CASE-ECLA FIGHT FOR LEGAL PROFESSIONAL PRIVILEGE-HEARING
	International Chamber of Commerce position paper : competition law and legal privilege June 16 2006
	In-House Counsel and the Attorney-Client Privilege - A Lex Mundi Multi-Jurisdictional Survey.
	Statement of the United States Council for international business, Protecting the confidentiality of communications between a corporation and a lawyer employed by the corporation, May 24,2005
	The position of the French Association of Company Lawyers (AFJE) on “Legal Confidentiality”