COFECE publishes guidelines for the use of electronic means in its proceedings

COFECE publishes guidelines for the use of electronic means in its proceedings

March, 2023

On March 2, 2023, the Federal Economic Competition Commission (“COFECE”) published the Guidelines for the use of electronic means during the investigation, the sequel of the proceeding, the verification and the incidents processed before the Commission (the “GUIDELINES”), thereby providing novel alternatives to submit documents, make notifications and carry out different proceedings (appearances as well as the presentation of testimonial, confessional, expert

This regulatory instrument will enter into force once the Plenary of COFECE determines that the conditions that motivated the issuance of the Emergency Regulatory Provisions of the Federal Economic Competition Law on the use of Electronic Means in certain proceedings processed before the Federal Economic Competition Commission (“PROVISIONS”) no longer exist, which were issued on June 25, 2020 as a result of the health emergency generated by the SARS-CoV2 virus, in order to facilitate and expedite the processing of proceedings before COFECE. In accordance with the GUIDELINES, users who intervene in any of the proceedings indicated below may at any time state whether they choose to use electronic means throughout the proceeding or in certain actions or proceedings. The applicable proceedings and some points to highlight regarding various actions are indicated below: • Processing of complaints regarding monopolistic practices and unlawful concentrations. Two forms of submitting complaints or requests through electronic means are provided: (i) By means of the OPE (Electronic Office of Records of the Federal Economic Competition Commission), when they are Users of the SITEC (System of Electronic Procedures before the Federal Economic Competition Commission), or (ii) By email addressed to the email address of COFECE, when they are not a User of the SITEC. • Initiation and processing of investigations for monopolistic practices or unlawful concentrations; as well as investigations to determine essential inputs and/or barriers to competition, as well as to resolve on market conditions. • Benefit of exemption or reduction of the amount of fines. • Immunity Program. In cases in which economic agents intend to avail themselves of the benefit of the reduction of sanctions provided for in article 103 of the Federal Economic Competition Law, the GUIDELINES indicate that, exclusively during the investigation stage, such procedure may be processed by electronic means. • The proceeding conducted in the form of a trial. • The proceedings related to the classification of information derived from legal advice. • The proceedings related to the verification of compliance with the obligation to notify a concentration. • The incidents related to any of the aforementioned proceedings. • The verifications and incidents relating to the compliance with and execution of the resolutions of COFECE. • Complaints, investigations and proceedings conducted in the form of a trial, derived from the provisions of the Law for the Transparency, Prevention and Combating of Improper Practices in Matters of Advertising Contracting. If you have any questions about what is described in this document, please do not hesitate to contact our experts: Fernando Carreño, Partner:+52 (55) 5258-1042 | fcarreno@vwys.com.mx Sergio López, Partner:+52 (55) 5258-1042 | slopez@vwys.com.mx Déborah Luengo, Associate:+52 (55) 5258 1042 | dluengo@vwys.com.mx

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