The following Competition practice note provides comprehensive and up to date legal information covering:
Legal privilege is the main means by which a company can resist disclosure of a confidential communication or document to a third party such as a competition authority or court. Whether or not a communication is privileged will depend on the parties to the communication and the purpose for which the document came into existence. The concept of legal privilege can differ, sometimes markedly, depending on the jurisdiction and type of proceeding.
This is a complex area of law where certain legal principles and decisional practices are still evolving.
Privilege is important because it can provide an absolute bar to disclosure in the following cases:
inspection visits under competition law by the competition and regulatory authorities ('dawn raids')
document requests from competition or regulatory authorities, and
disclosure in court proceedings.
There is no express recognition of a concept of legal privilege in EU law, whether in Articles 101 and 102 TFEU or the regulations of the European Commission and the European Council implementing those provisions. The exceptions to the Commission’s general powers to examine documents have been developed through case law and particularly in the cases of AM & S Europe Ltd and Akzo Nobel Chemicals and Akcros Chemicals Ltd.
In AM & S, the Court of Justice recognised the fundamental right of every person to receive legal advice without
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A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal system of the religion of Islam that sets out a system of duties or code of conduct for individuals to follow so that they may live their life in a
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