Few potential exports are more controversial in the global marketplace than aspects of a country’s legal system, and in few instances are the effects of a product’s acceptance or rejection more profoundly felt.
In the context of antitrust litigation, cross-border privilege questions and document seizures (often in the form of “dawn raids”) in international cartel cases are familiar problems. These issues also received some measure of broader attention two years ago when the European Union Court of First Instance issued its decision in the Akzo Nobel matter,1 now on appeal to the European Court of Justice, discussed below.
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