The Mexican Competition Authority extends for the fourth time its suspension of legal timelines for some procedures due to the COVID-19 pandemic and expands the list of suspended proceedings

Fourth agreement of the Board of Commissioners on the suspension of legal terms for some procedures filed before COFECE*

  • Procedures and procedural stages established in the third agreement on the suspension of legal terms published on April 30 remain exempted and others are added.
  • COFECE’s facilities will remain open Monday through Friday at regular business hours; with the exception of holidays foreseen in the annual work schedule published on December 3, 2019.

The Board of Commissioners of the Mexican Federal Economic Competition Commission (COFECE or Commission) agreed to suspend, from June 1 through June 12, 2020, legal timeframes and deadlines for some of the procedures filed before the Commission. During this period, days will continue to be accounted for as working days, and COFECE’s facilities will remain open from Monday to Friday at regular business hours.

Suspension of legal timeframes was agreed on three previous occasions through agreements of the Board of Commissioners published in the Federal Official Gazette (DOF, as per its initials in Spanish) on March 24, April 17 and April 30 (third agreement) of 2020, with the aim of decreasing the risk of spreading the COVID-19 disease and protecting the health of COFECE’s staff, economic agents, and practitioners that file procedures before this Commission.

The procedural stages added in this fourth agreement to the list of exemptions to the suspension of legal timeframes are:

  • Filings and proceedings to present evidence, previously ordered, as long as this only involves the submission of documents.
  • Incidental proceedings or trial-like procedures, citations for arguments, legal deadlines to present arguments, as well as the issuance of agreement for the completion of the file.
  • Motions aimed to the fulfilment of the oral hearing provided for in article 83,section VI of the Federal Economic Competition Law.

Motions presented before this Commission during this period, or those presented during the periods set in the three previous agreements, will be considered as filed on June 15. Similarly, it is noted that this agreement does not contravenes nor modifies COFECE’s annual work schedule for 2020, published on December 3, 2019 in the DOF.

To learn more about the proceedings and procedural stages whose legal timeframes have not been suspended, read the Agreement of the Board of Commissioners concerning the suspension of legal terms for some procedures filed before COFECE (In Spanish).

*This is the original title of the press release. The title above has been amended in order to match the e-Competitions format. Individual authors are welcome to provide original independent commentaries on the case law. Articles are subject to approval by the Board of e-Competitions Bulletin before publication based on the Editorial Policy (click here).

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Mexican Competition Authority, The Mexican Competition Authority extends for the fourth time its suspension of legal timelines for some procedures due to the COVID-19 pandemic and expands the list of suspended proceedings, 29 May 2020, e-Competitions May 2020, Art. N° 95154

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