Brussels Court of Appeal Curbs the Powers of the Belgian Competition Authority
In a judgment of 5 March 2013, the Brussels Court of Appeal set out the conditions under which the Belgian Competition Authority can seize documents when investigating competition law violations. More specifically, the appellate court ruled that legal advice of in-house lawyers is privileged and hence cannot be seized. In addition, the court set out a number of good practices which the Authority should follow in order to determine whether electronic documents fall within the scope of its investigation.
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