BASHAM NEWS

NEW SUSPENSION OF CERTAIN DEADLINES AND DECLARATION OF NON-WORKING DAYS BY THE FEDERAL ECONOMIC COMPETITION COMMISSION.

Mexico City, December 14th, 2020.

 

On December 11th, 2020, the Federal Economic Competition Commission (“Commission”) issued a seventh general resolution (the “Seventh Suspension”) that suspends deadlines for certain proceedings and declares non-working days.

 

The Commission’s Board decided that: (i) January 4th to 8th, 2021 would be considered as non-working days, and (ii) all deadlines would be suspended from December 14th through 18th, 2020, and from January 11th through 15th, 2021 except for the specific procedures detailed below:

 

  • Merger notice proceedings and opinions related to licenses, concessions, permits and similar items.
  • Requests for formal opinion under the Federal Economic Competition Law (“FECL”) Articles 104- 108.
  • General orientation under FECL Article 110.
  • Formal opinions under FECL Article 12, sections XII, XIII, XIV, XV and XVIII.
  • Public consultation under FECL Article 138.
  • Penalty reduction program (Immunity Program) under FECL Article 103.
  • Fine reduction or discharge program under FECL Articles 100-102 related to commitments for abuse of dominance cases or illegal mergers.
  • Stage after the conclusion of investigations of anticompetitive practices or illegal mergers, under FECL Article 78.
  • Stage after the conclusion of the investigations carried out in terms of Articles 94 and 96 of the FECL.
  • The procedure and formalities necessary to provide additional evidence, to the extent such evidence is limited to filing of documents.
  • In ancillary or trial proceedings, deadlines to file closing written arguments, as well as the resolution that declares the file completed.
  • The proceedings to carry out the oral hearing provided for in article 83, section VI of the FECL.
  • The deadlines for the Board of Commissioners to issue a resolution in any procedure, provided that the file is already completed, until the notification of the final resolution.
  • The proceedings to file constitutional claims.

 

Notwithstanding, the Commission will be working as usual and their offices will be open during their normal schedule, in accordance with applicable sanitary requirements and other measures deemed necessary with the exception of the non-working days decreed. The suspension of proceedings will end on Monday January 18th, 2021.

 

All filings made to COFECE from December 14th to 18th, 2020 and from January 11th to 15th, 2021 regarding suspended procedures, will be deemed as having been filed on January 18th, 2021.

 

The Competition and Antitrust Practice of the firm will be pleased to provide any additional information on the topic.

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