Emergency regulatory provisions for electronic notifications

 Professional related: Carlos Orcí , Francisco Fuentes Ostos   |      April 23rd, 2020

Under the health emergency derived from the SARS-CoV2 virus, the Federal Economic Competition Commission (“COFECE”) issued the Regulatory Provisions for the execution of personal notifications through email (the “Emergency Regulations”), which will be effective as of today.

Pursuant to the Emergency Regulations, during the health emergency, personal notifications may be executed through email. The email addresses that COFECE may use for such purposes will be, among others, those that are registered and are related to immunity program applications, requests for interviews with Commissioners or other officers of COFECE and public hearings. Once the notification has been sent, the recipient must confirm receipt within the next two days, upon which COFECE will proceed to record the relevant confirmation and notify it through the daily lists it publishes in its webpage. The official communication notified through email will take effect the day after the confirmation of receipt is published in the daily lists. If COFECE does not receive confirmation from the recipient, the notification will be made through the daily lists published by COFECE in its webpage and will be considered as a personal notification. We believe that in order to provide legal certainty the email addresses that COFECE may use, can only be those registered on a relevant file. In other words, if COFECE uses the email address of one file in another file, the notification will only be effective if the recipient responds to such notification, despite the fact that in such other file the email address is not recorded. As we informed before, except for certain specific procedures established by COFECE on April 14, 2020, the suspension of time periods is still effective until at least April 30, 2020. Thus, please note that the Emergency Regulations do not authorize COFECE to carry out personal notifications through email, for such procedures and/or stages during such suspension period.

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