The Attorney–Client Privilege in Antitrust: Unravelling the Transatlantic Debate.

The article focuses on the divergent approaches between the European Union (EU) and the United States (US) regarding the scope of legal professional privilege, particularly the recognition of confidentiality for communications with in-house lawyers in antitrust enforcement. While the US broadly extends attorney–client privilege to both external and in-house counsel, the EU, guided by the Court of Justice of the European Union (CJEU), restricts the privilege to external lawyers based on a formal criterion of independence tied to the lawyer-client relationship, reflecting differing legal traditions and views on the lawyer’s role within adversarial versus inquisitorial systems. The article further examines the implications of these disparities in an increasingly globalized enforcement environment, addressing challenges related to extraterritorial jurisdiction and the principle of international comity, and discusses potential policy shifts within the EU and the practical consequences for multinational companies subject to cross-border investigations.