Mexico City, April 16th, 2020.
On April 15, 2020, the Federal Economic Competition Commission (“FECC” or “Commission”) issued a second general resolution that extends the previous suspension of filing deadlines for certain proceedings, which was decided by plenary vote held on April 14.
The Commission decided that all deadlines would be suspended from April 20 through 30 inclusive; therefore, deadlines are scheduled to resume normally starting on May 6, given that the Commission’s working calendar already included a May 1 through 5 recess. Notwithstanding the suspension, COFECE will be working as usual and their offices will be open during their normal schedule, except during the predetermined May 1-5 recess.
According to the terms of the first extension decreed by the Commission, deadlines for merger notice proceedings and opinions related to guidelines, licenses, and transfers would not be affected by the suspension. In this second extension, the following exceptions are added:
- 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.
- Leniency 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.
- Deadlines for the Commission to issue a resolution under any procedure (provided that the case has been completed and in case of administrative proceedings structured as trials for de facto illegal practices and illegal mergers, if the oral hearing has been held or the deadline to hold the hearing has passed).
Any documents filed before the Commission related to suspended deadlines shall be deemed to have been filed on May 6, 2020, since this latest decision does not modify the Commission’s annual calendar.
Sincerely,
Amilcar Peredo
Fernanda Garza
León Jiménez
Carmina Paredes
cparedes@basham.com.mx
