26 November 2018 Paris
Most OECD jurisdictions protect the confidentiality of the relationship between a client and its attorney, and grant parties in competition proceedings the right to resist disclosure of protected information to public bodies and third parties. Legal professional privilege is a corollary of the rights of defence and privacy. The level and modalities of privilege differ from one jurisdiction to another, depending on the balance in each jurisdiction between the public interest in searching for evidence of competition law violations, and the parties’ right to seek and obtain effective legal advice and representation.
The different approaches to legal professional privilege among jurisdictions create challenges regarding companies’ international operations, and authorities’ co-operation and sharing of information in cross-border cases involving jurisdictions offering dissimilar levels of protection.
In November 2018, the OECD held a discussion on the treatment of privileged information in competition proceedings. All related materials for the discussion are available on this page.
» Read the OECD Background Note EN • FR
» Executive Summary with key findings • Synthèse des points clés de la discussion
» Detailed Summary of the discussion • Compte rendu detaillé de la discussion
» View the full list of OECD best practice roundtables on competition policy
Francisco Enrique GONZALEZ-DIAZ Bio
Renato NAZZINI Bio
Wouter WILS Bio
» Read the OECD background note
» Watch a video about the other topics under discussion in Nov 2018
RELATED DOCUMENTS AND LINKS
By the OECD
OECD Recommendation concerning International Co-operation on Competition Investigations and Proceedings, 2014
Procedural Fairness: Competition Authorities, Courts and Recent Developments, 2011
Procedural Fairness and Transparency, 2012
By the ICN
Guiding Principles for Procedural Fairness in Competition Agency Enforcement, 2018
Competition enforcement practices
OECD best practice roundtables on competition