160 / 391
NEWS LETTER 2 0 1 0
146
Conclusion
The Court, by its judgment, re-confirmed the longstanding European
Union position as laid down in the
AM& S Europe v. Commission
decision.
So, this judgment can be seen to bring a degree of certainty to the privileges
attached to the role of in-house lawyers in the European Union
10
.
This judgment is also critically important for Turkey because of the
process of harmonization with the European Union. As a matter of fact,
the Turkish Competition Authority will certainly conform to the principle
of attorney-client privilege set forth in that judgment for in-house lawyers
at the time of investigations realized in undertakings to seek evidence of
possible anti-competitive practices.
10 Comments from SJ BERWIN, “ECJ rules out legal professional privilege for communications
with in-house lawyers”, Community Week, Issue 489, 20 September 2010. For the article,
see the following link:
http://www.sjberwin.com/Contents/Publications/pdf/46/9f7e3789_fc19_40ff_9a0f_07a27f3e85d7.pdf