We are pleased to share an article published by the Antitrust Alliance (ATA) on the recent French Law No. 2026-122 of 23 February 2026, which introduces, for the first time in France, a specific legal privilege for certain legal opinions prepared by in-house counsel. The article highlights that, although the reform represents a significant step forward for French companies, its scope in the field of competition law remains limited and uncertain. The protection is subject to strict requirements and, in principle, may apply to investigations conducted by the French Competition Authority under its own powers, but not when it acts on behalf of the European Commission. In addition, criminal and tax proceedings are excluded, and confidentiality may be challenged before the courts, meaning that companies should take a prudent approach when relying on this new protection.
Lupicinio International Law Firm is the sole Spanish member of the Antitrust Alliance, an excellent example of the Cluster model, comprising a European alliance of law firms specialised in Competition Law. ATA provides comprehensive Competition Law services across Europe and holds a Band 1 ranking in Chambers & Partners. ATA combines three key strengths: intellectual leadership, a collaborative approach and flexibility in pricing.
To read the full article, please visit the following link.
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Lupicinio International Law Firm
C/ Villanueva 29
28001 Madrid
P: +34 91 436 00 90
