Scope Of Solicitor–Client Privilege In Europe

In the context of international cartel investigations by competition law authorities, a recent decision of the European Court of First Instance highlights the differences in the treatment of legal privileges in other jurisdictions.

In Akzo Nobel Chemical Ltd.& al. v. Commission of the European Communities, the court had to determine whether certain documents seized by the Commission in the context of a competition law investigation were covered by the "legal professional privilege," also referred to as solicitor–client privilege. These documents consisted of the following:

1. a memorandum from a general manager to one of his superiors, containing information gathered from employees for the purpose of obtaining outside legal advice in connection with the company's competition law compliance program; the memo bore handwritten notes referring to contacts with outside counsel, including