The commentary by Louis Vogel and Joseph Vogel on the latest Policy Brief published by the European Commission has just been published in the April 2026 issue of the journal Concurrences. To read our full review, click here This Policy Brief seeks to limit attorney-client privilege solely to lawyers’ litigation defense activities, excluding their advisory work as well as day-to-day communications between

In an interview published in *La Semaine Juridique – Entreprise et Affaires* (JCP E), Louis Vogel discusses the Constitutional Council’s approval of the law regarding the confidentiality of consultations with in-house counsel. This is a major step forward, strengthening the role of the in-house counsel as a key player in compliance, risk prevention, and corporate strategy. Beyond the reform itself, a

On February 18, 2026, the Constitutional Council upheld the law on the confidentiality of consultations with in-house counsel, which had been adopted by Parliament on January 14 of that year. This decision enshrines in French law a long-awaited principle that is recognized in most OECD countries. By affirming that the reform pursues an objective of general interest—promoting

The ruling issued by the Criminal Chamber on January 13, 2026, reaffirms its position: according to the High Court, attorney-client privilege is limited solely to “the rights of the defense.” This case law directly undermines all advisory and compliance activities: a legal consultation by a lawyer on behalf of their client intended to alert them and prevent a risk can become evidence against them during an investigation, particularly in a competition investigation. This shift

One click to commit, one click to withdraw: Order 2026-2 imposes a new obligation on businesses to facilitate the withdrawal from certain distance contracts. Read more

The non-retroactivity of more severe criminal or quasi-criminal sanctions is an integral part of the rule of law. However, the French Competition Authority does not consider itself bound by this fundamental principle with regard to its Sanctions Notice of 30 July 2021. In our view, the non-retroactivity of the Competition Authority’s 2021 Sanctions Notice should nevertheless prevail. The following article sets out the arguments that can be raised against the