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You are a newly qualified in-house lawyer employed by Cyphus PLC a well known UK telecommunications company which has branch offices all over the European Union. The head of the legal department John Smith has been told by the Chief Executive Officer that he has heard a rumour that the EU Commission may carry out a dawn raid within a matter of days on a Cyphus Branch office, but he does not know which one. He understands that the EU Commission believe that Cyphus may have breached article 101 or 102 of the Treaty on the Functioning of the European Union.
John Smith has put together a team of lawyers and other specialists to prepare for the raid if it happens. One of the things he is concerned about is whether the legal department can claim legal professional privilege if the Commission attempts to seize any legal documents.
With this in mind he has asked you to prepare a clear and accurate note on the joined cases of Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v Commission of the European Communities (Case T-125/03 and T-253/03). He understands there was a judgment by the old Court of First Instance on this case in 2007 which was confirmed by another judgment by the European Court of Justice in 2010.
When preparing the note he wants you to answer the following questions:
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