Clifford Chance

Privilege in Antitrust Investigations in Japan: New Rules on Treatment of Attorney-Client Confidential Communications

18 August 2020

Attorney-client communications have not historically been privileged under Japanese antitrust law. However, under the new rules and guidelines published by the Japan Fair Trade Commission (JFTC), companies may request that the JFTC does not share with their investigation team certain confidential communications between a company and its lawyers in relation to alleged cartel activities. The scope of confidential communication and the procedure are different from those of privilege in the US, UK and EU. Companies should treat confidential communications in the manner required under the new rules, which differ from other jurisdictions.

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