CASE COMMENTS: PROCEDURES - VISITS AND SEIZURES - PROFESSIONAL SECRECY - RIGHTS OF THE DEFENCE

Visits and seizures: The French Supreme Court clarifies the conditions of seizability of lawyer-client correspondence in the context of visit and seizure operations (EDF / Dalkia, Au vieux Campeur)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In recent times, the Court of Cassation has intervened twice on the issue of the seizability of correspondence exchanged between a lawyer and his client. These two rulings illustrate not only the increasingly strict approach of the competition authorities (the first case concerns the DGCCRF, the second the Competition Authority) in this matter but also the difficulty in precisely defining the contours of the protection afforded by professional secrecy. The rulings under review provide clarification on this issue but still leave some questions open. Correspondence between a lawyer and his client is confidential, but it is not seizable unless it relates to

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Christophe Lemaire, Hélène Fricaudet, Visits and seizures: The French Supreme Court clarifies the conditions of seizability of lawyer-client correspondence in the context of visit and seizure operations (EDF / Dalkia, Au vieux Campeur), 20 January 2021, Concurrences N° 2-2021, Art. N° 100570, pp. 153-157

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