*/
Acourt ruling on legal professional privilege during EU cartel investigations has sparked concern across the legal profession.
In Akzo Nobel Chemicals and Akcros Chemicals v European Commission (Case C-550/07 P), the ECJ ruled that internal communications by in-house lawyers are not protected by legal professional privilege in EU competition law investigations.
Sir Christopher Bellamy QC, senior consultant at Linklaters, said: “This is a disappointing judgment. In modern circumstances the primary enforcer of competition law is often the in-house lawyer. In my view, that role should be strengthened, not weakened.”
Des Hudson, chief executive of the Law Society, said in-house lawyers were “the front-line guarantor of compliance” and companies would only ask difficult or sensitive questions when they knew they could do so in confidence.
European Commission officials seized correspondence between employees and in-house counsel during a 2003 anti-competitive investigations raid on Akzo Nobel’s Manchester offices. The company unsuccessfully argued that the documents were protected by privilege.
Geraldine Elliott, head of commercial litigation at Reynolds Porter Chamberlain LLP, said companies will wonder why European law trumps long-held national legal traditions and creates this kind of anomaly: “The court concluded that as a result of the in-house counsel’s ‘economic dependence’ on his employer he does not enjoy a level of professional independence comparable to that of lawyers in private practice ... In-house counsel at businesses where European competition investigations are a realistic prospect will have to be very careful about writing down anything that could be used against the company in the event of an investigation,” she added.
In Akzo Nobel Chemicals and Akcros Chemicals v European Commission (Case C-550/07 P), the ECJ ruled that internal communications by in-house lawyers are not protected by legal professional privilege in EU competition law investigations.
Sir Christopher Bellamy QC, senior consultant at Linklaters, said: “This is a disappointing judgment. In modern circumstances the primary enforcer of competition law is often the in-house lawyer. In my view, that role should be strengthened, not weakened.”
Des Hudson, chief executive of the Law Society, said in-house lawyers were “the front-line guarantor of compliance” and companies would only ask difficult or sensitive questions when they knew they could do so in confidence.
European Commission officials seized correspondence between employees and in-house counsel during a 2003 anti-competitive investigations raid on Akzo Nobel’s Manchester offices. The company unsuccessfully argued that the documents were protected by privilege.
Geraldine Elliott, head of commercial litigation at Reynolds Porter Chamberlain LLP, said companies will wonder why European law trumps long-held national legal traditions and creates this kind of anomaly: “The court concluded that as a result of the in-house counsel’s ‘economic dependence’ on his employer he does not enjoy a level of professional independence comparable to that of lawyers in private practice ... In-house counsel at businesses where European competition investigations are a realistic prospect will have to be very careful about writing down anything that could be used against the company in the event of an investigation,” she added.
Acourt ruling on legal professional privilege during EU cartel investigations has sparked concern across the legal profession.
The Chair of the Bar sets out how the new government can restore the justice system
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Mental health charity Mind BWW has received a £500 donation from drug, alcohol and DNA testing laboratory, AlphaBiolabs as part of its Giving Back campaign
The Institute of Neurotechnology & Law is thrilled to announce its inaugural essay competition
How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig
Brie Stevens-Hoare KC and Lyndsey de Mestre KC take a look at the difficulties women encounter during the menopause, and offer some practical tips for individuals and chambers to make things easier
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts