PROTEJAREA COMUNICĂRILOR DINTRE O SOCIETATE ȘI AVOCAȚII SĂI ÎN CONTEXTUL APLICĂRII DREPTULUI CONCURENȚEI
PROTECTING COMMUNICATIONS BETWEEN A COMPANY AND ITS LAWYERS IN THE CONTEXT OF COMPETITION LAW ENFORCEMENT

Summary/Abstract: Abstract (en): This paper analyzes the legal framework applicable to correspondence between a company and its lawyers in the context of competition law enforcement, specifying the conditions that determine the recognition of the protected nature of such correspondence and its inadmissibility in various legal proceedings. The professional secrecy of lawyers is protected under Law 51/1995 and the provisions of the Statute on the Lawyer Profession, being considered an essential component of the right to defense. The level of protection of professional secrecy in the context of contact and communications between a lawyer and their client, between lawyers, and between lawyers and courts or authorities must be analyzed in light of the applicable legal norms in different fields of law, such as competition law, tax law, criminal law or regulations relating to the prevention and combating of money laundering. In competition law, only those communications that are made within and for the purpose of exercising the company's right to defense - specifically in relation to investigations by the Competition Council - and that originate from independent lawyers benefit from confidentiality protection.

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