"Legal Professional Privilege in EU Competition Investigations" is a topic that deals with the protection of confidential communications between lawyers and their clients during investigations conducted by the European Commission (EC) into potential violations of EU competition law. This privilege is a fundamental right that safeguards the right to a fair trial and the right to effective legal representation. The key aspects related to legal professional privilege in EU competition investigations typically include:


The scope of legal professional privilege in EU competition law, including the types of communications that are protected, such as those between external and in-house lawyers and their clients, as well as communications with other legal advisors.

The criteria for determining whether a communication is privileged, such as whether the communication was made for the purpose of seeking or providing legal advice, and whether it was intended to be confidential.

The implications of legal professional privilege in the context of EU competition investigations, including the potential consequences of disclosing privileged communications to the EC, and the circumstances under which privilege may be waived or lost.

The procedures for asserting and protecting legal professional privilege during EU competition investigations, including the role of the Hearing Officer, the use of confidentiality rings, and the redaction of confidential information.

Recent developments and case law related to legal professional privilege in EU competition investigations, including decisions of the European courts and the EC's approach to privilege in specific cases.

Understanding legal professional privilege in EU competition investigations is crucial for companies and their legal counsel to ensure the protection of confidential communications and the proper conduct of competition investigations.



TABLE OF CONTENTS




Extended contents


Preface and acknowledgments


List of abbreviations


Table of cases


Table of legislation


1. Introduction to Legal Professional Privilege in EU Competition Investigations


2. The notion of LPP in EU competition investigations


3. History of LPP


4. Relevant case law of the EU Courts in relation to LPP in EU competition investigations


5. Relevant EU legislation and soft law acts in relation to LPP in EU competition investigations


6. LPP in European Commissions's investigations


7. The current conditions for LPP protection in EU competition investigations


8. LPP in the context of EU merger control


9. LPP in competition investigations in the EFTA countries


10. LPP in competition investigations in the EU Member States


11. LPP in jurisdictions other than the EU


12. Conclusion to Legal Professional Privilege in EU Competition Investigations


Bibliography


Index