I. Introduction and overview 1. This paper deals with solicitor-client privilege in the context of EU antitrust enforcement. 2. Union antitrust law here refers to the prohibition of restrictive practices and other agreements restricting competition and the prohibition of abuse of dominant position currently laid down in Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). [1] It does not cover merger control under the EU Merger Regulation [2], which is not addressed in this document. [3] 3. Professional secrecy is the term often used to describe what the European Court of Justice has called the “principle of confidentiality of written communications between lawyer and client”. [4] As has been pointed out on several occasions[5], the term “solicitor-client privilege” is a The term “solicitor-client privilege” is a The present paper examines the laws, policies and procedures relating to solicitor-client privilege in the application of EU antitrust rules. It focuses mainly on the application of Articles 101 and 102 TFEU by the European Commission, but also briefly examines the application of EU antitrust law by EU Member States` competition authorities (in particular whether EU Member States granting professional secrecy to registered in-house lawyers are in breach of EU law).
and private sector enforcement. 24 pages Published: 27 Nov 2018 Last revised: 5 Sep 2018 Legal Ethics & Professional Responsibility eJournal Wouter Wils, 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. Subscribe to this free journal for more curated articles on the topic. World Competition: Law and Economics Review, Vol.
42, No. 1, March 2019, pp. 21-42 This document is protected by copyright laws and international copyright treaties. Unauthorized use of this document constitutes a violation of the publisher`s rights and is punishable by imprisonment of up to 3 years and a fine of up to €300,000 (art. L 335-2 Intellectual Property Code). Personal use of this document is permitted pursuant to Art. L 122-5 CPI and DRM protection. King`s College London Law School Research Paper No. 19-9 Sign up to read this article for free and discover our services. King`s College London Dickson Poon School of Law Legal Studies Research Paper Series. King`s College London – Dickson Poon Law School; European Union – European Commission Access to this article is restricted to subscribers. ARTICLE: CARTELS – EUROPEAN COMPETITION POLICY – ENFORCEMENT BY MEMBER STATES – PROFESSIONAL SECRECY – PRIVATE ENFORCEMENT Somerset House East WingStrandLondon, WC2R 2LSUnited Kingdom.