What to do when the competition authorities come to call

In AkzoNobel Chemicals and Akcros Chemicals Ltd v Commission of the European Communities, the Court of First Instance confirmed that in-house lawyer privilege will not be recognised in European Commission competition proceedings.

So, during an investigation into a potential breach of EC competition rules, the Commission is entitled to inspect company premises and take copies of internal documents. National competition authorities may do likewise.

It is important to ensure that the Commission or other national competition authorities do not inadvertently have sight of documents which are legally privileged. If you are or could be the recipient of documents relating to your company's compliance with EC competition rules, here is what you need to know and do.

Here are some simple actions you can take to protect legally privileged documents.