Third suspension of the activities of the Federal Economic Competition Commission and its proceedings

Third suspension of the activities of the Federal Economic Competition Commission and its proceedings

The Plenary of the Commission, at its ordinary session held on January 26 and published in the Official Gazette of the Federation on December 29,1 resolved that the initial suspension (from December 14 to 18, 2020 and from January 11 to 15, 2021, the “Initial Suspension”) and the second suspension (from January 18 to January 29, the “Second Suspension”) will be extended. Accordingly, and as of February 2 of this year, all deadlines and terms will be suspended until February 19

In addition to the foregoing, the proceedings for which the terms will continue to run normally are: (i) requests for a formal opinion; (ii) general guidance; (iii) the opinions provided for in Article 12 of the Federal Economic Competition Law (the “Law”), sections XII, XIII, XIV, XV and XVIII; (iv) public consultations; (v) the immunity program; (vi) the benefit of waiver or reduction of the amount of fines; (vii) the stage following the conclusion of investigations into monopolistic practices or unlawful concentrations; (viii) the stage following the conclusion of investigations conducted pursuant to Articles 94 and 96 of the Law; (ix) the deadlines for the Plenary to issue a resolution in any proceeding, under certain conditions; (x) the processing and steps necessary to take the evidence that has been ordered, provided that such taking of evidence involves only the submission of documents; (xi) in incidental proceedings or those conducted in the form of a trial, the summons for closing arguments, the deadlines to submit closing arguments, as well as the issuance of the order closing the file; (xii) the proceedings for filing constitutional review remedies pursuant to Article 20, section II, and 95, second paragraph, of the Law, as well as the proceeding established in Article 5 of the Law; and (xiii) the actions aimed at conducting the oral hearing provided for in Article 83, section VI of the Law. All filings submitted to the Commission during the Initial Suspension, the Second Suspension and the Third Suspension that are not related to the proceedings indicated above will be deemed submitted on February 2, 2021. For additional information, please contact our expert: Fernando Carreño, Partner: +52 (55) 5258 1042 | fcarreno@vwys.com.mx

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