Emergency regulatory provisions on the use of electronic means in certain procedures

Click here to read the full article online

These emergency regulatory provisions were issued to allow the initiation or continuation of proceedings before the Commission through electronic means during the COVID-19 pandemic. These provisions are optional: economic agents may choose whether or not to use this remote electronic mode of engagement with the agency. More interestingly, they have served as a useful pilot that allowed the Commission to consider implementing them as a permanent measure. The provisions apply to procedures concerning the processing of: complaints, investigations for monopolistic practices, trial-like proceedings, unlawful concentrations, essential facilities, barriers to competition and competition conditions, commitments relating to abuse of dominance and unlawful concentrations, the leniency program, and verifications and incidents related to the enforcement of COFECE’s resolutions. One of their relevant aspects is that confessional, testimonial and expert evidence, as well as oral hearings, may be presented by electronic means under specific rules.