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Dispelling the Perception that Legal Privilege impedes Antitrust Enforcement – The US Experience

Scott D. Hammond, Competition Law International Vol 11 No 2, October 2015

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My contribution to this article is to share my experience of the United States Department of Justice Antitrust Division (‘Antitrust Division’) with legal privilege to dispel the perception that it impedes antitrust enforcement. Having moved to private practice, I cannot speak for the Antitrust Division. However, during my tenure heading the Antitrust Division’s cartel enforcement programme, I saw first-hand and gained a great appreciation for how attorney-client privilege and the work product protection promote compliance and complement enforcement of the US antitrust laws. These protections would produce the same benefits in Japan and would further the interests of all stakeholders in the fair and effective enforcement of the Anti-Monopoly Act in Japan.

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