BASHAM NEWS

COFECE PUBLISHES THE EMERGENCY REGULATORY PROVISIONS FOR THE LAW FOR TRANSPARENCY, PREVENTION AND ELIMINATION OF INAPPROPRIATE ADVERTISING PRACTICES.

Mexico City, September 1st, 2021.

 

The Federal Economic Competition Commission (“COFECE”) issued the Emergency Regulatory Provisions to Process Complaints about Possible Violations to the Law for Transparency, Prevention and Elimination of Inappropriate Advertising Practices (”Emergency Provisions”).

The Law of Transparency, Prevention and Elimination of Unlawful Practices in Advertising Services ( “Advertising Law”), which entered into force on September 1st, 2021, empowers COFECE process complaints regarding the Advertising Law. The Emergency Provisions will enter into force when published in the Federal Official Gazette. The rules allow for:

  • Investigations for violations to article 10 of the Advertising Law to be initiated by the Investigative Authority.
  • Complaints may only be filed by an interested party pursuant to Article 2 of the Advertising Law.
  • The investigation will be carried out in up to 5 periods of 120 business days each.
  • At the conclusion of the investigation, if probable responsibility is determined, the parties will be subject to a trial-like procedure where evidence and arguments will be analyzed.
  • The Board of Commissioners will resolve whether a violation to Article 10 of the Advertising Law took place and impose any applicable penalties.

Our Antitrust team is at your service to answer any questions regarding this document.

 

S I N C E R E L Y,

 

Amilcar Peredo

peredo@basham.com.mx

 

Fernanda Garza

fgarza@basham.com.mx

 

León Jiménez

ljimenez@basham.com.mx

 

Carmina Paredes

cparedes@basham.com.mx