Competition law and legal privilege
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Publication date : 06/06/2006
Implementation of a strict competition policy starts with its integration into business strategies of businesses.
To this end, sound legal advice as well as competition audits are indispensable. Any communication taking place in this context should benefit from legal privilege.
Unfortunately, some legislations apply such legal privilege in a very restrictive manner.
This is counterproductive, notably for international business. ICC fully endorses strict enforcement of competition law.
However, fair proceedings and the rights of defence have to be fully respected.
Legal privilege should not be limited to communications with external lawyers only.
Corporations should not be discouraged from looking to the legal advisers most knowledgeable about their businesses for assistance in complying with the laws of the jurisdictions in which they do business.
This might undermine the implementation of a sound competition policy into business strategies.