EU · GEN. CT.Litigation
Law Society seeks to intervene in EU Broadcom case over legal professional privilege
The Law Society of England and Wales applied to intervene in Broadcom and VMware International v European Commission before the EU General Court, arguing the case could significantly affect legal professional privilege for non-EU lawyers and in-house counsel, the Law Gazette reported on October 1, 2026. The Commission is seeking U.S. in-house counsel materials in an antitrust investigation; the Society says England and Wales privilege covers qualifying advice from private-practice and in-house solicitors.
Key points
- The Law Society applied to intervene in Broadcom Inc and VMware International Unlimited Co. v European Commission at the EU General Court.Law Gazette
- The dispute concerns whether EU rules must recognize third-country legal professional privilege over communications with counsel, including U.S. in-house counsel.Law Gazette
- The Commission is pursuing documents from U.S. in-house lawyers in a dominance investigation into Broadcom software markets.Law Gazette
- Vice president Brett Dixon said England and Wales privilege covers qualifying advice from private-practice and in-house solicitors and is central to the rule of law.Law Gazette
- The Gazette noted the Commission exceptionally excluded external independent third-country lawyers' legal advice from the contested demand in this matter.Law Gazette