In Short
The Development: Mexico's antitrust
authority, the Comisión Federal de Competencia
Económica ("COFECE"), released guidelines that
recognize the attorney-client privilege in antitrust
investigations.
Background: Mexican law requires that lawyers
maintain professional secrecy, which includes both a right and duty
not to disclose client confidences. However, these confidentiality
protections apply only to lawyers and not to business personnel who
also may participate in attorney-client communications.
Looking Ahead: Recognition of the
attorney-client privilege in antitrust investigations is a welcome
development. These new protections should encourage companies with
Mexican operations to seek legal advice for antitrust issues before
problems arise.
