French Court Upholds Competition Authority’s Global Seizure Of Electronic Mailboxes

On 11 April 2014, the Versailles Court of Appeal upheld the global seizure by the French Competition Authority (FCA) of electronic mailboxes during dawn raids.

In 2010, the FCA conducted an inspection at the premises of Medtronic France and Biotronik France, undertakings active in the IT medical field, for possible competition law infringements. During the course of the inspection, the inspectors globally seized electronic mailboxes in order to search for evidence of practices prohibited under Article 101 TFEU and its French equivalent.

Medtronic and Biotronik challenged the validity of the search and seizure operation. It brought proceedings before the Paris Court of Appeal, requesting the annulment of the inspection and the restitution of all electronic mailboxes, on the grounds, among others, that the FCA seized communications protected by legal professional privilege (LPP).