Legal Professional Privilege in EU Antitrust Enforcement: Law, Policy & Procedure
24 Pages Posted: 27 Nov 2018 Last revised: 5 Sep 2019
Date Written: November 9, 2018
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
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