Questions the European Court of Justice's contribution to the legal certainty of private competition enforcement in Akzo Nobel Chemicals Ltd v European Commission (C-550/07 P), on whether in-house lawyers were excluded from legal professional privilege in the context of Commission investigations, regardless of possible non-exclusion under national competition law. Reviews previous case law and European Ombudsman commentary on, or with implications for, access to evidence for private enforcement purposes. Welcomes the court's affirmation of the Commission's legislative competence in this area.
|Journal||Global Competition Litigation Review|
|Publication status||Published - 2010|