BASHAM NEWS

NEW SUSPENSION OF DEADLINES DECREED BY THE FEDERAL ANTITRUST COMMISSION.

Mexico City, December 14, 2020.

 

On December 11, 2020, the Federal Antitrust Commission ("COFECE") published the "Agreement whereby the Plenary resolves that certain days shall be non-working days and that the deadlines of certain proceedings before the Federal Antitrust Commission". ("Seventh Suspension Agreement").

 

The Plenary of COFECE agreed that: (i) from January 4 to 8, 2021 the days will be non-business days, and (ii) from December 14 to 18, 2020, as well as from January 11 to 15, 2021, the days will be business days, but the deadlines and terms of the proceedings before COFECE will not run, except for those indicated in the following points:

  • 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 Law.
  • The deadlines for the Plenary to issue a resolution in any proceeding, provided that the file is already integrated, until the notification of the corresponding resolution.
  • The procedures for the interposition of means of constitutional control.

 

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 are considered pertinent, except for the non-business days indicated. The suspension is lifted until Monday, January 18, 2021.

 

All promotions filed with COFECE from December 14 to 18, 2020 and from January 11 to 15, 2021 related to the suspended proceedings will be considered as filed as of Monday, January 18, 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

peredo@basham.com.mx

 

Fernanda Garza

fgarza@basham.com.mx

 

León Jiménez

ljimenez@basham.com.mx

 

Carmina Paredes
cparedes@basham.com.mx