Print version | September, 2021 |
On September 1, the Advertising Law (Transparency, Prevention, and Combat of Improper Practice law) entered into force. The Advertising Law establishes that the authority to monitor compliance and sanction those persons who act in contravention of the Advertising Law would be the Federal Economic Competition Commission (“COFECE”), establishing certain procedures that should be substantiated per the Federal Law on Economic Competition (“LFCE”).
The COFECE filed a constitutional controversy before the Supreme Court of Justice of the Nation (“SCJN”), which is under study and has not been resolved, whereby it was asked to suspend the entry –request that was not granted.
As a result of the entry in force of the Advertising Law, in order to give legal certainty to the procedures that will be initiated under the new Advertising Law and that will be filed before the COFECE, the COFECE issued, on August 31, during an Exceptional Session of the Board, the Emergency Regulatory Provisions to process the complaints under the Advertising Law (“Regulatory Provisions”), which will enter into force in such date.
The Regulatory Provisions are intended to give order and clarify how the procedures under the Advertising Law are substantiated and processed by the COFECE per the LFCE, using for that purpose the provisions that the LFCE already has for substantiating administrative procedures for both the Investigation stage and in Procedure Followed in the Form of a Trial.
As long as the Regulatory Provisions are in force, all investigations related to possible violations of the Advertising Law will be initiated by a complaint and will be processed by the Investigating Authority. Once the investigation is concluded and the procedure followed in the form of a trial has been finished, the COFECE Plenary will be able to impose the corresponding sanctions, if it is proven that the conduct displayed violated the Advertising Law.
Mexico City Office
Mr. Vicente Grau A. (Partner)
Tel.:+52 55 5279.5400
Tel.:+52 81 8133.6000
Mr. José Ramón Ayala A. (Partner)
Tel: +52 442 290-0290