Mexico City, June 1st, 2020.
On May 29th, 2020, the Federal Economic Competition Commission (“Commission”) issued a fourth general resolution (the ”Fourth Suspension”) that extends the previous suspension of filing deadlines for certain proceedings, which was decided through an extraordinary plenary vote held on May 25th, 2020.
The Commission decided that all deadlines would be suspended from June 1 through 12, except for the specific procedures detailed below; therefore, deadlines will resume on June 15, 2020. 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.
Past deadline suspension did not apply to the following types pf proceedings:
- Merger notice proceedings and opinions related to licenses, concessions, permits and similar items.
- Request for formal opinion under FECL Articles 104-109
- 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 and General Regulation Article 191
- 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 de facto illegal commercial practices or illegal mergers, under FECL Article 78
In this fourth extension, the following exceptions are added:
- 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 pleadings, as well as the resolution that creates the case file.
- The proceedings to carry out the oral hearing provided for in article 83, section VI of the FECL.
- The deadlines for the Plenary to issue a resolution in any procedure, provided that the file is already completed, until the notification of the corresponding resolution.
All filings made regarding suspended procedures will be deemed as having been filed on June 16, 2020.
SINCERELY,
Amilcar Peredo
Fernanda Garza
León Jiménez
Carmina Paredes
cparedes@basham.com.mx
