The Brussels Court of Appeal Recognizes In-House Counsel Legal Privilege

On March 5, 2013, the Brussels Court of Appeal issued a landmark judgment recognizing that, under Belgian law, legal advice rendered by in-house counsel (and related correspondence) benefits from a protection equivalent to legal privilege. The judgment was given in a case opposing telecommunications incumbent Belgacom to the Belgian competition authority. Pursuing a long-time effort in defense of in-house counsel privilege, Cleary Gottlieb represented pro bono the Belgian Institute for Company Lawyers as intervener in support of Belgacom.