Suspension in the activities of the Mexican Antitrust Commission and its procedures

The Board of the Commission in its exceptional session held on December 7, which was published in the Official Gazette on December 11,1 decided that January 4 until January 8, 2021, will be considered as nonworking days. In addition, from December 14 until December 18, 2020, and from January 11 until January 15, 2021, (the “Suspension Period”) all times and terms will be suspended, except those related to merger control procedures and the issuance of opinions or decisions in the granting of licenses, concessions, permits and similar procedures.

In addition to the foregoing, the procedures for which the terms will continue running normally are: (i) requests for formal opinions; (ii) general orientation; (iii) opinions related to article 12 sections XII, XIII, XIV, XV and XVIII of the Mexican Antitrust Act (the “Law”); (iv) public consultations; (v) the leniency program; (vi) the benefit of exemption or reduction of the amount of the fines; (vii) the next stage after the conclusion of the investigations for anticompetitive practices or illicit concentrations; (viii) the next stage after the conclusion of the investigations conducted in terms of articles 94 and 96 of the Law; (ix) the times for the Board of the Commission to issue a decision in any procedure, under certain conditions; (x) the procedure and necessary steps to submit evidence that had been ordered, as long as its submission specifically implies only the presentation of documents; (xi) for the incidental and trial-like procedures, the summons for pleadings and the terms to submit pleadings, as well as the issuance of the notice related to the file formation; (xii) the procedures related to the imposition of constitutional control in terms of article 20, section II, and 95 second paragraph, of the Law, as well as the procedure set forth in article 5 of the Law; and (xiii) the actions related to holding the oral hearing provided for in article 83, section VI of the Law.

All the writs submitted before the Commission during the Suspension Period that are not related to the procedures mentioned above will be considered submitted on January 18, 2021.

To obtain additional information contact our expert:

Fernando Carreño, Partner: +52 (55) 5258 1042 |