All violations of attorney-client privilege are illegal, but the specific consequences will depend on the nature of the privileged information and the violation's potential effect on the plaintiff's defence strategy. In certain circumstances, a violation of attorney-client privilege can lead to a prohibition on prosecution due to procedural corruption. This article provides a number of practical tips for dealing with a violation of attorney-client privilege by the competition authorities.
After two years of litigation, the First Collegiate Tribunal on Administrative Matters Specialised in Economic Competition, Broadcasting and Telecommunications has finally issued a final ruling acknowledging that the Federal Economic Competition Commission breached the attorney-client privilege principle during a dawn raid. The tribunal's ruling is relevant, as it demonstrates the possible outcomes of a violation of attorney-client privilege by the antitrust authorities.
The digital market is expanding worldwide and Mexico is no exception. A recent study showed a 59% growth in e-commerce in Mexico from 2014 to 2015. However, this growth has been inconsistent across the country, which may be due to its underdeveloped internet coverage. Despite this, the effect that e-commerce has had on the Mexican economy is not insignificant. It is therefore necessary to monitor the effect that it has and will have on competition.
The First Collegiate Tribunal on Administrative Matters Specialised in Economic Competition, Broadcasting and Telecommunications recently ordered the admission of a trial against the Federal Economic Competition Commission, whose representatives had obtained confidential documents protected by attorney-client privilege during a dawn raid. This is a landmark judgment, as it recognises attorney-client privilege and the attorney-client work product doctrine in an antitrust context for the first time.