I. Introduction

On 3 August 2026, the President of the EU General Court issued an order addressing the scope of legal privilege under EU law. The order dismissed Broadcom’s application to suspend a decision by the European Commission requiring the production of documents in its investigation into Broadcom’s allegedly abusive software licensing practices.

The purpose of Broadcom’s application for interim measures was to enable it to withhold certain documents until the EU General Court rules on the main appeal against the decision.  In the main appeal, Broadcom had argued that the Commission’s decision was unlawful in so far as it compelled the production of documents that were privileged under the laws of third countries, such as the United States.

Although issued in interim proceedings and on well-established points of law, the order provides welcome guidance on the right balance between the European Commission’s investigative powers and the parties’ rights of defence. The President of the EU General Court highlights with unprecedented clarity the fundamental importance of legal privilege as a core part of procedural fairness in EU competition investigations.

That reasoning, and the further discussion on the European Commission’s practice in relation to legal advice from non-EU external lawyers, should help companies navigate the complexities of maintaining privilege over legal advice they receive, especially in global competition investigations.