Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The 2014 Act provided for the establishment of a separate investigation body within the COFECE, the “Investigating Authority”, autonomous from the Pleno, the decision-making body (Article 26). The Investigating Authority may initiate investigations ex officio or upon petition (Article 66 of the Act). In 2014, the statute of limitations for conducting investigations was doubled from 5 to 10 years.  …

Complaints and investigations

The 2014 Act provided for the establishment of a separate investigation body within the COFECE, the “Investigating Authority”, autonomous from the Pleno, the decision-making body (Article 26). The Investigating Authority may initiate investigations ex officio or upon petition (Article 66 of the Act). In 2014, the statute of limitations for conducting investigations was doubled from 5 to 10 years. Where a complaint is plainly unfounded, the Commission may reject it (Article 69). Within fifteen days of receiving a third party complaint, the Commission must issue an order commencing the investigation, rejecting the complaint or seeking clarification.

The Investigating Authority has the authority to require the production of documents or testimony relevant to its investigation. Information and documents obtained pursuant to such investigations are only for the parties or are confidential and are not to be made public except where so ordered by the competent authorities (Article 76). Since the 2014 Act, the Investigating Authority is also entitled to ask for explanations on acts, information or documents related to the purpose of the investigation from the undertakings' personnel or representatives. Where the undertakings hinder the conduct of the investigation, the facts will be deemed to be established. 

The 2011 Amendment granted the COFECE more powers by allowing it to conduct dawn raids which will result in more efficient investigations than in the past since the FCC had to require judicial authorization and warn the visited undertakings that it would conduct investigations.

Finally, on 30 September 2019, the COFECE adopted guidelines establishing the framework of the protection of client-attorney communications during competition investigations. The guidelines expressly stipulate that client-attorney communications are deprived of any probative value and set up a procedure for the recognition of the character of privileged information of such communications by a specific committee.

The investigation period may not be less than 30 days or exceed 120 days. However, this period may be renewed up to four times, each for 120 days. Within no more than 60 days after the completion of the investigation, the Investigating Authority submits an opinion to the Pleno suggesting either that proceedings be initiated or closed. Furthermore, according to the Regulatory Provisions of the Federal Economic Competition Law, as amended in February 2018, where the inspection deadlines have lapsed, a final report must be drawn up and a copy served to the investigated undertaking.

In proceedings before the case-handling body within the COFECE, the accused is notified of the nature of the investigation and is provided with a copy of the complaint. The accused has forty five days to submit a defense, including any documentary evidence deemed relevant. The Investigating Authority, which is a party to the proceedings before the case-handling body, is then given fifteen days to give an opinion on the accused's arguments and the evidence submitted. The case-handling body has twenty to thirty days to assess the relevance of the evidence obtained and grants the accused and the Investigating Authority ten days to provide their comments. Then, the case-handling body submits a draft resolution to the Pleno, which is also communicated to the parties, who may require a hearing within ten days. The Commission has forty days from the conclusion of such period to issue a decision (Article 83).

Pursuant to Sections 100 to 102, before the Investigating Authority issues its opinion to the Pleno, undertakings responsible for “relative monopolistic practices” may offer commitments to eliminate the Commission's competition concerns in exchange for immunity from fines or a fine reduction.

Aritcles 94 to 97 of the Act contain special procedural rules for the new prohibitions of behavior relating to essential input/facilities and barriers to competition including the power granted to the COFECE to eliminate such barriers to competition by ordering the divestiture of assets, rights or equity interests and to regulate access to essential inputs, notably by fixing prices.

On 2 March 2023, the COFECE issued its “Guidelines for the use of electronic means during the investigation, the sequel to the procedure, the verification and the incidents processed before the Federal Economic Compeititon Commission”. 

Proceedings before the COFECE

Pursuant to the Federal Law of Economic Competition, as amended on 21 February 2024, the Commission may, during the investigation and before a final decision is issued, order the temporary suspension of actions that it deems liable to constitute monopolistic practices. However, the undertakings concerned may lift the suspension by providing a guarantee.

Global Competition Law

1099. Complaints and investigations

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Les notions juridiques connexes

1099. Complaints and investigations

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise