The big question: Is your in-house advice privileged?

Author: Danielle Myles | Published: 23 Sep 2010

Can the ECJ’s restriction on in-house privilege have an impact beyond competition investigations?

No – 57%

Yes – 43%

“I hate this decision.” There was no hiding lawyers’ disappointment over the European Court of Justice’s (ECJ) refusal last month to protect in-house communications in competition investigations. The European profession is adamant that the Akzo Nobel Chemicals and Akcros Chemicals v European Commission ruling is out of touch with commercial realities and is a missed opportunity to overturn the Court’s outdated 1982 precedent.

Less clear, however, are the ruling’s implications further afield.

IFLR posed this question to in-house and private practice counsel as this month’s Big Question, and the results reveal a topic with little consensus. It seems the decision has sparked speculation over its underlying principles, the powers of the EU’s proposed financial regulators, and the longevity of the...