NEWSLETTER-2017

77 COMPETITION LAW relevant correspondence will not be within the scope of legal profes- sional privilege, since such correspondence was not directly related to the right of defense. Conclusion The Dow Decision was regarded as one of the most important decisions rendered by the Board on confidentiality of written commu- nications between attorney and client. Upon review of this decision, the Board’s perspective in terms of legal protection that is granted to written communications between attorney and client appear to be clear. However, the recent Enerjisa Decision elaborated on the Board’s approach toward legal professional privilege by highlighting that any legal opinion provided by an attorney to an enterprise as to how Act No. 4054 could be breached, will not be awarded any legal protection. According to the recent Enerjisa Decision, any such attorney and cli- ent attempting to evade the law will not benefit from the legal burden of proof on the Board. In that scenario, the legal burden of proof will fall upon the attorney and client engaged in the correspondence, if they claim that their correspondence should be deemed as privileged and confidential.