Mexico City, January 29, 2021.
On January 29, 2021, the Federal Economic Competition Commission ("COFECE") published the ".Agreement by which the Plenary Resolves that the terms of certain proceedings before the Federal Antitrust Commission shall not run.."("Ninth Suspension Agreement").
The Plenary of the COFECE agreed that from February 2 to 19, 2021, the days will be working days but neither the deadlines nor the terms of the procedures processed before the COFECE will run, except for those indicated in the following points, so the suspension is lifted until February 22, 2021:
- Notification of concentrations and issuance of opinions or resolutions in the granting of licenses, concessions, permits and similar.
- Formal opinion requests, Articles 104 to 109 of the Federal Antitrust Law ("FECL").
- General guidelines, Article 110 of the LFCE.
- Opinions provided for in Article 12 of the LFCE, Sections XII, XIII, XIV, XV and XVIII.
- Public consultations, Article 138 of the LFCE.
- Procedure for the benefit of the reduction of penalties, Article 103 of the LFCE (Immunity Program).
- Benefit of waiver or reduction of the amount of fines, articles 100 to 102 of the LFCE in connection with the presentation of commitments in cases of relative monopolistic practices or unlawful concentrations.
- Stage subsequent to the conclusion of investigations for monopolistic practices or unlawful concentrations, in terms of Article 78 of the FECL.
- Stage subsequent to the conclusion of the investigations carried out in terms of articles 94 and 96 of the LFCE.
- The necessary formalities and proceedings to disclose the evidence for better provision that may have been ordered, as long as such disclosures only imply the presentation of documents.
- In incidental or trial proceedings, the summons for pleadings, the deadlines to file pleadings, as well as the issuance of the agreement for the integration of the file.
- The proceedings for the oral hearing provided for in Article 83, Section VI of the LFCE, when all the economic agents with an interest in the proceeding have expressed their agreement to hold such hearing through electronic means.
- The time periods for the Plenary to issue a resolution in any proceeding, as long as the file is already integrated, until the notification of the corresponding resolution. In the case of proceedings conducted in the form of a trial, the oral hearing provided for in Article 83, Section VI of the LFCE must have been held or, alternatively, the term to request such hearing must have elapsed.
- The procedures for the interposition of means of constitutional control.
- Proceedings in which all persons with a legal interest express or have expressed their willingness to use electronic means for notification and the processing of proceedings in the corresponding file in terms of the Emergency Regulatory Provisions of the LFCE on the use of electronic means in certain proceedings handled before the
For COFECE the days will be working days and the facilities will be open at their usual hours, without prejudice to the sanitary measures that may be applicable and considered pertinent.
All promotions filed with COFECE from February 2 to February 19, 2021 related to the suspended proceedings will be considered as filed as of February 22, 2021.
The lawyers of the Antitrust area of the Firm are at your disposal to answer any questions regarding the content of this document.
A T T E N T A M E N T,
Amilcar Peredo
Fernanda Garza
León Jiménez
Carmina Paredes
