Attorney-Client Privilege in Competition Law Proceedings: Primed for Convergence? An Example from Mexico

By Russell Damtoft & Paul O’Brien (United States Federal Trade Commission)1

Attorney-client, or legal professional privilege, is a critical aspect of due process in competition proceedings. It is recognized by the legal systems of the United States and most common law countries. However, many other jurisdictions either do not recognize the privilege or do so only partially. The United States Federal Trade Commission (FTC) is a strong advocate for the adoption of a robust privilege, both bilaterally with countries and agencies that consider reforming their rules, and in multilateral bod

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