The Development of General Principles for EU Competition Law Enforcement – The Protection of Legal Professional Privilege

European Competition Law Review, April 2011

Amsterdam Center for Law & Economics Working Paper No. 2011-03

23 Pages Posted: 28 Feb 2011  

Michael J. Frese

Amsterdan Center for Law & Economics (ACLE); Amsterdam Centre for European Law and Governance (ACELG)

Date Written: February 9, 2011

Abstract

This papers discusses the scope of the EU principle of legal professional privilege ('LPP') and the mechanisms for bottom-up integration. LPP refers to the confidential nature of certain written communications between lawyer and client. Bottom-up integration is the process whereby domestic legal principles are elevated to EU legal principles. The recent Akzo Nobel judgment of the European Court of Justice revisits the principle of LPP and clarifies the conditions for bottom-up integration.

Keywords: Antitrust, Litigation, Enforcement of Law

JEL Classification: K21, K41, K42

Suggested Citation

Frese, Michael J., The Development of General Principles for EU Competition Law Enforcement – The Protection of Legal Professional Privilege (February 9, 2011). European Competition Law Review, April 2011; Amsterdam Center for Law & Economics Working Paper No. 2011-03. Available at SSRN: https://ssrn.com/abstract=1762046

Michael J. Frese (Contact Author)

Amsterdan Center for Law & Economics (ACLE) ( email )

Roetersstraat 11
Amsterdam, 1018 WB
Netherlands

Amsterdam Centre for European Law and Governance (ACELG)

P.O.Box 1030
Amsterdam, 1000 BA
Netherlands

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