The European Court of Justice (ECJ) ruled in the case of Akzo Nobel Chemicals Limited and Akcros Chemicals Limited –v- European Commission that in E.U. competition law investigations, the advice given by in-house lawyers is not protected by Legal Professional Privilege (LPP) unlike the advice given by external lawyers.
The Akzo Nobel judgment restates the law that was first set down in 1982 in AM&S Europe –v- Commission of the European Communities.
The essence of the judgment is that documents containing advice or other confidential information given by in house lawyers to their employers cannot be withheld from the European Commission during a competition law investigation on the grounds that they are privileged.
What does this mean for Irish Solicitors?
This judgment does not affect the Common Law rules in relation to LPP outside of competition law areas and both in-house solicitors and external solicitors still enjoy the same protection. However what this judgment has done is increased awareness among legal professionals and put question marks over company policy regarding in house competition law advice.
Please contact: Patricia J Smyth - psmyth@mckr.ie
