Belgian Competition Authority
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Antitrust M&A Snapshot | Q1 2023

Topics covered in this edition:

  • Christine Wilson Resigns as FTC Commissioner
  • FTC/Department of Justice Horizontal Merger Guidelines Delayed
  • Agencies Maintain Focus on Private Equity, Especially in Healthcare
  • Continuing a Trend: FTC Loses Challenge to Meta’s Acquisition of Within
  • Agencies Continue to Challenge Transactions Outright Rather than Negotiate Settlements
  • New Regulatory Burden: The EU Foreign Subsidies Regulation Enters into Force
  • A New Route for Complainants: ECJ Towercast Ruling Confirms Non-Notifiable Acquisition Can Be Abuse of Dominant Position
  • CMA’s New Leadership Team Focuses on Digitalisation and Supply Chain Issues Impacting Consumers

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Brussels Court of Appeal Rules that Legal Professional Privilege Applies to In-house Counsel

by Wilko van Weert and David Henry

On 5 March 2013, the Brussels Court of Appeal delivered a judgment finding that, under Belgian law, in-house counsel are covered by legal professional privilege (LPP).  In relation to antitrust investigations, the ruling highlights that LPP in the European Union depends on, not just local rules, but also whether or not the European Commission is involved in the investigation.

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