Legal Professional Privilege in EU Antitrust Enforcement: Law, Policy & Procedure

24 Pages Posted: 27 Nov 2018 Last revised: 5 Sep 2019

See all articles by Wouter P. J. Wils

Wouter P. J. Wils

King's College London - The Dickson Poon School of Law; European Union - European Commission

Date Written: November 9, 2018

Abstract

This paper discusses the law, policy and procedure of legal professional privilege in EU antitrust enforcement. It focuses primarily on the enforcement of Articles 101 and 102 TFEU by the European Commission, but also touches briefly on the enforcement of EU antitrust law by the competition authorities of the EU Member States (addressing in particular the question whether those EU Member States that extend legal professional privilege to in-house lawyers are in breach of EU law), as well as on private enforcement.

Keywords: EU competition law, antitrust enforcement, legal privilege, in-house lawyers

JEL Classification: K21, K40, K41, K42, L40

Suggested Citation

Wils, Wouter P. J., Legal Professional Privilege in EU Antitrust Enforcement: Law, Policy & Procedure (November 9, 2018). World Competition: Law and Economics Review, Vol. 42, No. 1, March 2019, pp. 21-42, King's College London Law School Research Paper No. 19-9, Available at SSRN: https://ssrn.com/abstract=3281576

Wouter P. J. Wils (Contact Author)

King's College London - The Dickson Poon School of Law

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

European Union - European Commission ( email )

Brussels, B-1049
Belgium

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