Mexico City, June 26th, 2020.
On June 25th, 2020, the Emergency Regulatory Provisions of the Federal Economic Competition Law on the Use of Electronic Means in Certain Proceedings of the Federal Economic Competition Commission («Provisions») were published in the Official Gazette.
The Provisions apply to the implementation, use and handling of electronic means in certain proceedings handled by the Federal Economic Competition Commission («FECC”) and will be applicable during the SARS-CoV2 virus health emergency and until the FECC’s Board deems it appropriate.
The Provisions apply to the following proceedings: (i) complaints filed by economic agents, (ii) investigations for monopolistic practices, (iii) trial-like proceedings, (iv) unlawful concentrations, (v) essential inputs, barriers to competition and conditions of competition, (vi) the reduction of fines in the context of commitments related to investigations concerning relative monopolistic practices or unlawful concentrations, and the leniency related to absolute monopolistic practices, and (vii) verifications and incidents related to the enforcement of the FECC’s final decisions.
According to the Provisions, the economic agents that are part of proceedings within the scope of the Provisions, may choose to use electronic means for the notifications and the handling of the proceedings, or to continue handling the proceedings through traditional means. In case of choosing the use of electronic means, the incumbent persons shall expressly state their willingness to do so with regard to a specific file.
One central aspect covered by the Provisions is the possibility to handle investigated or accused economic agent depositions, witness depositions, expert opinions and hearings through electronic means.
Finally, the Provisions establish the creation of an Electronic Filing Office, which will receive by e-mail the relevant documentation regarding proceedings within the scope of the Provisions, provided that the parties to the proceedings have expressly consented to doing so.
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,
Amílcar Peredo
Fernanda Garza
León Jiménez
Carmina Paredes
cparedes@basham.com.mx
