Mexico City, September 1, 2021.
The Federal Antitrust Commission ("COFECE") published the Emergency Regulatory Provisions for the Processing and Disposition of Complaints of Possible Violations of the Law of Transparency, Prevention and Combating of Unfair Practices in Advertising Contracting ("Emergency Provisions").
The Law of Transparency, Prevention and Combating of Unfair Practices in Advertising Contracting ("Advertising Law"), which will enter into force on September 1, 2021, will grant powers to COFECE to substantiate and process complaints derived therefrom. The Emergency Provisions will enter into force on the day of their publication in the Official Gazette of the Federation. Among the rules are provided for:
- Investigations for violations of Article 10 of the Advertising Law shall be initiated by a complaint and substantiated by the Investigating Authority.
- Complaints filed by persons without legal interest in terms of Article 2 of the Publicity Law shall not proceed.
- The inquiries will be conducted in up to 5 periods of 120 working days each.
- At the conclusion of the investigation, and if there is probable liability, the defense stage will begin with a trial proceeding in which the evidence and allegations of the defendants will be analyzed.
- The Plenary shall decide whether or not any of the infringements of Article 10 of the Advertising Law are accredited and, if accredited, a sanction shall be imposed.
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
cparedes@basham.com.mx
