UK: Clarification of the Litigation Privilege that can be Claimed by Parties During an Investigation by a Competition Authority

Litigation privilege allows firms to withhold material where that material was created, predominantly, for the purpose of actual or contemplated litigation. For the first time, the scope of that privilege has been considered, in the UK, by a court in the context of a competition investigation. The judgment clarifies the extent of the privilege in the context of OFT investigations for breach of UK competition law—and provides insight as to how that rule could be interpreted elsewhere in the European Union.