Japan/EU Evidence Agreement Poses Privilege Issues


Wilko van Weert said that, although the concept of legal privilege does not exist in Japan, legal opinions under a new EC/Japan antitrust framework would be treated by the EC as privileged and the European agency will likely be careful in asking for documents involving lawyers’ advice. Mr. van Weert added that, as the framework is implemented, companies seeking leniency applications “will increasingly make sure their applications are completely synchronized” in all jurisdictions, although this may take another year to “fine-tune.”