BASHAM NEWS

SUSPENSION OF CERTAIN DEADLINES IN CERTAIN PROCEEDINGS BY THE FEDERAL ECONOMIC COMPETITION COMMISSION.

Mexico City, January 29th, 2021.

 

On January 29th, 2021, the Federal Economic Competition Commission (“Commission”) issued a ninth general resolution that suspends deadlines for certain proceedings (the “Ninth Suspension”).

 

The Commission’s Board decided that from February 2nd through 19th, 2021 the Commission will be working as usual, but all deadlines would be suspended except for the specific procedures detailed below; therefore, deadlines will resume on February 22nd, 2021:

 

  • Merger notice proceedings and opinions related to licenses, concessions, permits and similar items.
  • Requests 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.
  • 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.
  • Acts required to hold the oral hearing under FECL Article 83, section VI; provided that all interested parties have issued their consent.
  • 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. In the case of trial-like proceedings the oral hearing under FECL Article 83 should have been previously held, or the period to request it should have expired.
  • The proceedings to file constitutional claims.
  • Any proceeding in which all the interested parties have consented to the use of electronic means for the service of process and proceedings pursuant to the relevant Regulatory Provisions to the FECL.

 

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.

 

All filings made to COFECE from February 2nd to 19th, 2021 regarding suspended procedures will be deemed as having been filed on February 22nd, 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