The case at hand concerned an investigation into potential cartel agreements between manufacturers, wholesalers, and major retailers in 2014.
The eight points of recommendation on competition law include a point on legal privilege, an element that ECLA sees as inherent to the functioning of European corporate lawyers.
An opinion paper submitted by Eric Gardner de Béville, previously General Counsel at Coca-Cola
France, Spain & Portugal, consultant and member of the Cercle Montesquieu
The judgment also covers in-house lawyers in jurisdictions where they do not enjoy legal privilege
The roundtable discussion included the status of LPP in various European jurisdictions, including Germany, France, the UK and others, in addition to providing a regulatory overview within the EU legal framework, contrasting it with the status of LPP in the US.
For company lawyers, this entails another European jurisdiction that clarifies and enshrines in statute the inherent rights and obligations of lawyers in the in-house community.
Though preliminary in nature, it is positive to see discussions developing under the Swiss jurisdiction on extending lpp to corporate lawyers
The decision reaffirms the applicability of legal professional privilege for corporate counsel under Dutch law and clarifies who falls under the legal scope