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Legal privilege in EU competition law and the potential implications of Brexit

Chris Owen

Keywords: privilege; Brexit; competition law; competition investigations; European Commission

The status of legal advice provided by lawyers being protected by privilege in EU competition investigations has been the subject of much legal scrutiny in the past two decades. This article provides a recap of the current legal position in EU law, analyses how that position might change for UK qualified lawyers post-Brexit and also considers the position of advice provided by EEA qualified lawyers in English proceedings post-Brexit.

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