National Legislation - Mexico
Code of Regulations to the Federal Law on
ARTICLE 1. For the purposes of the present Code of Regulations, the definitions contained in
the Federal Law on Economic Competition, henceforth referred to as “the Law”, shall apply.
For those matters not provided for, either in the Law or this Code of Regulations, the Federal
Code on Civil Procedures shall be applied in a supplementary manner.
ARTICLE 2. The text of those definitive judgments that have been emitted and the
Commission’s criteria, except where confidential information is concerned, shall be published
in an informational gazette and an extract thereof in the Diario Oficial de la Federación (the
Government’s official gazette). Such judgments and criteria shall be available to any person in
the offices of the Commission for consultation.
ARTICLE 3. The periods contemplated in the Law or in this Code of Regulations shall begin
as of the date in which the document in question is received at the Commission’s filing desk.
ARTICLE 4. When the Law or the present Code of Regulations makes reference to days, it
will be understood that the days referred to are business days, unless the contrary is stated.
When no period is specified, it shall be understood that five business days are necessary for
the performance of any such action.
On Monopoly Practices
ARTICLE 5. Instructions or recommendations issued by business chambers or associations
to their members with the aim or effect of engaging in the type of conduct contemplated in
Article 9 of the Law are circumstantial evidence of the existence of a an absolute monopoly
The following, among others, constitute circumstantial evidence of engaging in the conduct
referred to in Article 9, Section I, of the Law:
On the General Rules for the Analysis of the Relevant
Market and Substantial
ARTICLE 9. For the effects of Article 12 of the Law, the Commission shall identify the goods
or services which make up the relevant market, whether produced, marketed or supplied by
the economic agents, and those that are or may be substituted for them, whether domestic or
foreign, as well as the time required for such substitution to take place. Subsequently the
Commission shall define the geographic area in which the said goods or services are
supplied or in demand, and within which the option exists to go without distinction to suppliers
and customers without incurring appreciably different costs; the Commission shall also take
into consideration the cost of distributing the said good or service, and the cost and the
probabilities of access to alternative markets.
Likewise, those economic and normative restrictions of a local, federal or international nature
which prevent access to the said substitute goods or services, or which prevent the access
of users or consumers to alternative sources of supply, or the access of the suppliers to
alternative customers, shall be considered.
ARTICLE 10. In order to determine the market share to which Article 12, Section I, of the Law
makes reference, sales indicators, number of customers, productive capacity, or any other
factor that the Commission deems appropriate, shall be taken into consideration.
ARTICLE 11. For the effects of Article 13, section II, of the Law, elements which may be
regarded as entry barriers include the following:
I.Financial costs or the costs of developing alternative channels, limited access to
financing, technology or efficient channels of distribution;
II.The amount, indivisibility and period of recoupment of the required investment, as
well as the absence or scarce profitability of alternative uses of infrastructure
III.The need to possess concessions, licenses, permits or any kind of governmental
authorization, as well as rights of use or usufruct protected by legislation in the
area of intellectual and industrial property;
IV.The investment in advertising required for a trademark or trading name to acquire a
presence in the market sufficient to enable it to compete with already
established trade marks or names;
V.The limitations on competition in international markets;
VI.The restrictions constituted by the common practice of the economic agents
already established in the relevant market, and
VII.The acts of federal, state, or municipal authorities which discriminate in the
awarding of promotional incentives, subsidies or assistance to certain
producers or distributors, or firms marketing or supplying goods or services.
ARTICLE 12. In order to determine whether an economic agent has substantial power in the
relevant market, pursuant to Article 13, section VI, of the Law, the following criteria shall also
be taken into account:
I.The degree of positioning of the goods or services in the relevant market;
II.The lack of access to imports or the existence of high importation costs;
III.The existence of high cost differentials which could face consumers on turning to
ARTICLE 13. The Commission shall publish in the Diario Oficial de la Federación the method
for calculating the ratios for determining the degree of concentration which exists in the
relevant market and the criteria for their application.
The identification of the economic agents referred to in Article 18, section II, of
the Law shall refer at least to the principal economic agents which together supply the
ARTICLE 15. In order to determine whether a merger or concentration is to be objected to
and sanctioned in accordance with Article 18, section III, of the Law, in addition the following
criteria shall be considered:
I.The evaluation in the relevant market of the gains in efficiency which, in the terms of
Article 6 of this Code of Regulations, may derive from the concentration, which gains
must be accredited by the economic agents carrying out the said concentration;
II.The effects of the concentration, both in the relevant market upon other competitors and
demanders with respect to the good or service, and in other related markets and
economic agents, and
III.The share equity of the economic agent or agents involved in the transaction on other
economic agents participating directly or indirectly in the relevant market or in related
When it is not possible to identify the indirect shareholders, this circumstance must
remain fully justified.
ARTICLE 16. The conditions which the Commission may establish as binding upon the
economic agents under the terms of Article 19, section I, of the Law, may consist in:
I. Engaging in a particular conduct, or abstaining from the said conduct;
II. Divesting to third parties certain assets, rights, company sections or shareholdings;
III. Eliminating a particular line of production;
IV. Modifying or eliminating terms or conditions of the agreements that are intended to
be entered into;
V. Undertaking to carry out acts oriented towards fostering the participation of the
competitors in the market, as well as providing access thereto for the sale of
goods and services, or
VI. Any other such conditions aimed at avoiding that the concentration reduce, impair or
prevent competition or free participation in the market.
The Commission may not impose conditions that are not directly linked to the correction
of the effects of concentration. The conditions imposed must be in proportion with the
correction that is intended.
In the event of the Commission wishing to dictate a judgment whose purpose is to make
the concentration in question subject to the fulfillment of certain conditions, notifiers may
request that the Commission give prior consideration to their own proposals.
ARTICLE 17. The notification of the concentrations referred to under the terms of Article 20 of
the Law must be made before any of the following possible events take place:
I.The legal act is completed in accordance with the applicable legislation or, should it
be the case, the condition precedent is fulfilled to which this act is subject;
II.Control is acquired de facto or de jure, or exercised directly or indirectly over an other
economic agent; or before assets, participation in trusts, partners’ capital
contributions or shares of another economic agent are acquired de facto or de
III.A merger agreement is signed between the economic agents involved, or
IV.In the case of a succession of acts, before executing that which, when completed,
would result in the exceeding of the amounts laid down in the said Article.
In the case of concentrations resulting from legal acts carried out in other countries,
these must be notified before they have legal or material effects on Mexican national
ARTICLE 18. The merging party, the party acquiring control of the companies or
associations, or the agent which is intending to carry out the act or produce the effect of
accumulating shares, partner’s capital contributions, participation in trusts or assets that
constitute the object of the transaction, are obliged to notify the concentration, without
prejudice to its being carried out by any of the economic agents participating in the
ARTICLE 19. For the effects of Article 20 of the Law, the general daily minimum wage in
force in the Federal District on the day previous to that on which the notification is made shall
be considered; and, in the event of the operations being contracted in foreign currency, the
rate of exchange to be applied shall be that for settling obligations denominated in foreign
currencies for payment in the Mexican Republic, determined by the Banco de México and
published in the Diario Oficial de la Federación the day before the said notification. In the
event of failing to notify a concentration, the procedure set forth in Chapter V of this Code of
Regulations shall be followed ex officio, and the current general daily minimum wage and the
rate of exchange published by the Banco de México on the day before the transaction shall be
ARTICLE 20. For the effects of Article 21, Section I, of the Law, the notification of the
concentration shall include:
I. Identity, company or business name of the economic agents notifying the
concentration and of those participating in it directly or indirectly;
II. If appropriate, the name of the legal representative and the documents which
accredit the said representative’s legal capacity, domicile for service of
notifications and persons authorized for such effects, as well as data
permitting their rapid localization;
III. The constitutional charters and reforms thereof, or attested copies of the bylaws of
the economic agents involved;
IV. The financial statements of the immediately preceding fiscal year, or the statement
of earnings of the economic agents involved;
V. Certification of the structure of the capital stock of the participating economic agents
prior to the concentration, carried out by the person legally empowered to do
so, without requirement of recording in the notarial record book, apostille or
acknowledgment of signature, or any other formality, whether the companies in
question are domestic or foreign corporations, providing also a description of
the new structure of the said capital. Likewise, the share-holding of each direct
or indirect share-holder must be identified, both before and after the
concentration, and that of the persons who currently have and subsequently
are to have control;
VI. Description of the concentration, its aims and type of operation, and the draft of the
legal act in question, as well as the clauses by virtue of which the parties
undertake not to compete and the reasons for the stipulation of the said
VII. Mention of the economic agents involved in the transaction which have direct or
indirect holdings in the capital stock, in management or in any activity of other
economic agents which produce or market goods or services of identical or
similar types or substantially related to the goods or services of the economic
agents participating in the concentration;
VIII. Description of the principal goods or services produced or offered by each of the
economic agents involved, specifying their use in the relevant market and list of
similar goods and services and the principal economic agents which produce,
distribute or market them in the national territory;
IX. Data regarding the market share of the economic agents involved and those of their
X. Localization of the plants or business establishments of the economic agents
involved, the situation of their principal centers of distribution and the relation
these have with the said economic agents.
The documents referred to in Sections II and III above shall be presented either in the
original or in a certified copy or, alternatively, a simple copy for collation with the original.
When the notification fails to furnish all the requisites referred to in Sections I to VIII
above, the Commission shall give warning to the notifiers in order that, within a period not
exceeding five days, the required information be supplied; in the event of the said
information not being presented within the aforementioned term, the concentration shall
be deemed unnotified.
In like manner, the concentration shall be deemed unnotified when any material
requested additionally to the aforementioned is not presented within the period specified
in Article 21, Section II, of the Law. The Commission shall only require such additional
material as is relevant for the analysis of the concentration in accordance with the criteria
set forth in the Law, which shall exclusively constitute the basis and motivation of the
The promoter shall be informed of the Commission’s decision to deem a concentration
unnotified within five days following the day on which the term for presenting the required
information expires. In the absence of the Commission issuing and notifying the
aforementioned decision, once the aforementioned period of five days has come to an
end it shall be understood that the promoter has presented the entirety of the information
The Commission may require information from other economic agents related with the
concentration, without it being construed thereby that the said agents are accorded the
nature of party to the concentration procedure.
The economic agents shall present exclusively the information referred to in Sections I to
VII above, when they accredit before the Commission that it is plainly manifest that the
transaction will not have as its object or effect an increase in substantial power in the
relevant market or diminish, impair or prevent competition and free participation.
The Commission may grant exemption to the presentation of any requisite, when duly
justified cause exists for said exemption.
ARTICLE 21. It shall not be necessary to notify pursuant to Article 21, Section I, of the Law:
I.Legal acts regarding shares or partners’ capital contributions of foreign companies,
when the economic agents involved in the said acts do not thereby acquire the
control of Mexican companies, nor accumulate in the national territory shares,
partners’ capital contributions, shares in trusts or assets in general, additional
to those which, directly or indirectly, they possess prior to the transaction, and
II.Transactions in which an economic agent has had in property or possession, directly
or indirectly, over a period of at least three years, 98% of the shares or
partner’s capital contribution within itself or the economic agents involved in the
transaction. In this case, the economic agents shall only be obligated to notify
the Commission, within five days following the day on which they carry out the
transaction, by means of a written declaration which shall contain:
a) The identity, company or business name of each of the economic agents participating
directly or indirectly in the transaction;
b) Name of the legal representative, documents accrediting his or her legal capacity and
domicile for the purpose of serving notifications;
c) Certification by the person legally empowered for such purpose of the structure of the
capital stock of the economic agents participating, both before and after the
concentration, distinguishing shareholdings of each direct or indirect shareholder,
accrediting irrefutably that the concentration is a corporate restructuring, and
d) Succinct description of the transaction.
ARTICLE 22. For effects of the last sentence of Article 21, Section III, of the Law, the
Commission shall, at the request of the interested party, issue a certificate of non-objection
within the five days following the presentation of the corresponding application.
On the Opening of the Investigation
ARTICLE 23. Pursuant to Chapter V of the Law, the Commission shall commence an
investigation when it has knowledge of facts from which it may deduce the probable existence
I. Monopoly practices;
II. The prohibited concentrations that are referred to in the Article 16 of the Law, even
such as have obtained a favorable decision on the basis of false information;
III. Non-compliance with the obligation to effect notification in terms of Article 20 of the
In the cases of Sections I and II, the procedure shall begin de officio with the issue of the
corresponding judgment or on request by a third party with the presentation of a
complaint. In the case of Section III, the said procedure shall only be opened ex officio.
ARTICLE 24. The complaint referred to in Article 32 of the Law shall include:
I.Identity, company or business name of the complainant;
II. Name of the legal representative if appropriate, and simple copy of the documents
accrediting the legal capacity of the said representative, domicile for the
serving of notifications and authorized persons for such effects, as well as
data permitting his or her rapid location;
III. Name, denomination or trading name and, if known, the domicile of the accused;
IV. Description of the facts that constitute the substance of the monopoly practice or
the prohibited concentration;
V. In the case of relative monopoly practice and prohibited concentrations, the data by
means of which the relevant market may be defined and the substantial power
of the accused in the said market are to be assessed
VI. In the case of relative monopoly practice, the evidence adduced as a basis for
considering that the complainant is being, or in the future may be, unduly
displaced from the relevant market or from other markets, or that access to the
said markets may be substantially impeded, or may be affected by the granting
of exclusive advantages;
VII.In the case of concentrations, it must be accredited that the complainant produces
or intends to produce goods or provide services equal, similar or substantially
related to those produced or provided by the economic agents which have
carried out the concentration in question or that it is a customer, consumer or
supplier in the relevant market;
VIII. When appropriate, the elements that demonstrate that the complainant has
suffered or may suffer damage or loss, for the effects of Article 38 of the Law;
IX.When appropriate, the elements that allow it to be demonstrated that the information
on the basis of which the Commission approved the concentration was false;
X. If possible, such data as allow other economic agents to be identified which might
be affected by the monopoly practice or prohibited concentration;
XI. A list of the documents that accompany the complaint and the evidence offered as
grounds for reaching a decision, indicating the precise relation with the
reported facts, and
XII. Any other evidence that the complainant believes to be pertinent and, in the case of
not having such evidence available, indicating the place or file in which they are
to be found, so that the Commission may seek to make such evidence
A copy of the complaint and of the remaining documents that accompany it must be
presented for each of the accused parties.
ARTICLE 25. Within ten days following the day on which the complaint is received at the filing
desk, a judgment must be delivered, which:
I. Orders the beginning of the investigation;
II. Either rejects the complaint as being clearly contrary to law;
III. Or cautions the complainant once only, in the event of its declaration having omitted
any of the requirements set forth in the Law or in this Code of Regulations, in
order that it may provide clarification or make good the deficiency within a
period of no more than fifteen days, which period may be extended by the
Commission for an equal period, in duly justified cases. Once the said
deficiency has been attended to, the corresponding judgment shall be emitted
within the following five days. Should the aforementioned period end without the
Commission’s advice being answered or without the said requirements being
complied with, the complaint will be held not to have been presented. The
Commission’s judgment deeming the complaint unpresented shall be notified
to the complainant within the five days following that on which the period for
responding to the caution has expired.
If no judgment is emitted within the aforementioned periods the corresponding
investigation will be deemed to have begun.
ARTICLE 26. The Commission shall reject the complaint as being clearly contrary to law,
I.The reported facts are not considered pursuant to the Law to be monopoly practices
or prohibited concentrations;
II.The facts and conditions in the indicated relevant market have already been subject
to a judgment in terms of Article 33 of the Law;
III.Proceedings are pending before the Commission in reference to the same facts,
after having issued a summons against the alleged violator;
IV.There are notification proceedings already under way regarding of a concentration
which has still not taken place. In this case the Commission shall take into
consideration the elements contributed in the complaint in order to resolve the
notified concentration; nevertheless, the complainant shall not have access to
the documentation relating to the said concentrations nor shall be entitled to
question the proceedings, and
V.When the reported facts are not likely to take place in the near future.
ARTICLE 27. An abstract of the judgment whereby the Commission officially gives opening to
a an investigation shall be published in the Diario Oficial de la Federación within the ten days
following delivery of the said judgment, which abstract shall, at the least, mention the
monopoly practice or prohibited concentration to be investigated, and the market in which it is
to take place; the said abstract may be disseminated in any other medium of communication
when the Commission deems the business in question to be of sufficient importance, with the
purpose of enabling any person to assist in the investigation. In no case in the process of
publication referred to in the present paragraph shall the identity, company or business name
of the economic agents involved be revealed.
The period of investigation shall begin from the day on which the judgment is published, and
shall be not less than thirty days nor in excess of ninety. In exceptionally complex cases, the
Plenum of the Commission may extend the term by further periods not exceeding ninety
Once the abstract of the judgment has been published, persons wishing to make
contributions to the proceedings may do so even before summons is served on the alleged
violator, as well as presenting new allegations regarding the facts motivating the investigation.
ARTICLE 28. Once an investigation is begun, from which it becomes clear that sufficient
evidence exists to determine: that the object or effect of the monopoly practice or prohibited
concentration is or might be to reduce, impair or prevent the process of competition and free
participation in the market at national level; that other economic agents exist which are
involved; or that a plurality of monopoly practices or prohibited concentrations exist, the
Commission may institute a single proceeding, allow the facts forming the basis of the
complaint to be extended, or initiate new proceedings, as it deems most suitable for the
prompt and efficient handling of the issues.
ARTICLE 29. All persons who have any relation with the facts being investigated by the
Commission shall be obligated to provide to the Commission within the period that shall be
allotted them, under oath, the relevant information and data required in writing, as well as to
appear to declare when summonsed.
ARTICLE 30. Once the investigation is concluded, if sufficient elements exist to bear out the
existence of monopoly practices or prohibited concentrations, the Chairman and the
Executive Secretary of the Commission shall serve a writ of alleged responsibility, which shall
include the name and domicile of the alleged violator, the facts that constitute the substance
of the monopoly practice or prohibited concentration which is imputed to it, the articles which
are being violated, and the evidence on which the allegation of violation is supported,
wherewith the Commission shall summons the alleged violator.
ARTICLE 31. The procedures performed by the Commission before serving the summons
shall be fully valid for purposes of upholding the writ of alleged violation. In the performance of
the said procedures the provisions regarding evidence set forth in this Code of Regulations
shall be applicable where appropriate.
In the event of the existing evidence being insufficient to uphold the alleged violation by an
economic agent, the Plenum of the Commission shall decree the closing of the file and, in
that case, notify this decision to the complainant.
On the Summons
ARTICLE 32. For the effects of Article 33, Section II, of the Law, the summonsed shall make
reference to each of the facts expressed in the writ of alleged responsibility. Those facts
regarding which the alleged violator makes no declaration shall be deemed to be true,
excepting proof to the contrary; the same shall be the case should the alleged violator fail to
answer to the complaint within the period indicated in the aforementioned Section II.
The alleged violator shall present its answer to the complaint and offer the evidence which it
considers relevant, on a sole or several occasions, but in all cases must do so within the
period referred to in Article 33, Section II, of the Law.
ARTICLE 33. Evidence shall be offered with the documents referred to in Article 33, Section
II, of the Law, with a clear exposition of the facts that it is wished to demonstrate. It will be the
responsibility of the offerer to perform the necessary acts leading to the timely presentation of
the evidence, for which purpose the Commission shall provide any relevant assistance.
When offering the evidence, this should be accompanied, as appropriate, by the following:
I.The document containing the interrogatories which are to be answered;
II.The interrogatories on the basis of which the witnesses are to examined;
III.Reference to the place, the periods and the objects and documents which are to be
perused in the examination or inspection;
IV.The material of the expert evidence and the questionnaire of questions and the
appointment of the expert witness.
If appropriate, the complainant shall be permitted to add to the interrogatory or the
ARTICLE 34. Once the writ of alleged violation has been answered, the admission of
evidence shall be decided, and the place, day and time for the presenting of the said evidence
shall be fixed. All types of evidence are admissible. Evidence that is not offered in accordance
with the law, has no relation with the substance of the issue, is contrary to law or
unnecessary shall be refused.
The presenting of the evidence offered and admitted shall take place within a period not
exceeding twenty days after the date of admission.
Supervening evidence may be presented as long as a final judgment has not been
The Commission shall give the interested parties a minimum of three days notice of the
beginning of the proceedings necessary for the presentation of the evidence which has been
ARTICLE 35. Expert witnesses may deliver their opinion within a period not exceeding fifteen
days from the day after that on which they accept and swear to the undertaking. The said
period shall be extendible at the Commission’s discretion in cases where it is duly justified. In
the event of the specialist appointed by the alleged violator failing to appear without justified
cause to deliver his or her report within the period allotted for this purpose, the evidence shall
be declared void.
ARTICLE 36. The Commission may at any time have recourse to such evidence as it deems
necessary in order to discover the truth regarding the facts that constitute the substance of
the monopoly practice or prohibited concentration, and that constitute reasonable grounds for
reaching a decision; such limitations and prohibitions regarding evidence that bear upon the
economic agents shall not apply to the Commission.
The Commission shall take care that the proceedings be not suspended nor interrupted, for
which purpose it shall provide all the necessary means whereby the such proceedings
conclude with the respective judgment. Likewise it shall order all necessary measures to
bring the proceedings to a satisfactory outcome.
The legal representatives of the economic agents, for whom the power to answer
interrogatories is not contemplated, may be summonsed by the Commission to appear in
order to testify regarding the facts of which they have knowledge.
ARTICLE 37. When the evidence adduced to substantiate the alleged violation, and offered
as constituting reasonable grounds for reaching a decision, is based on testimonial, expert, or
real, demonstrative, or objective evidence brought by the complainant, the alleged violator
may present, at the moment of answering the writ of alleged violation, a cross-interrogatory
for the expert and other witnesses, or regarding points that it deems relevant regarding the
inspection. The Commission shall establish the venue, day and time for the necessary
formalities to take place.
ARTICLE 38. When an economic agent directly or indirectly involved in a proceeding refuses
to allow the examination or inspection ordered by the Commission, or fails to answer the
questions put to it, the said questions, whereby it is sought to ascertain the truth, shall be
deemed to have been answered in the affirmative, excepting proof to the contrary. The same
shall be done if the said economic agent fails to exhibit the object or document which it has or
is able to have in its possession.
ARTICLE 39. Once the evidence has been examined, the Commission, for the better
elucidation of the issues, within a period which shall not exceed fifteen days, may allow, the
practice of such additional probatory measures that it deem relevant for the clarification of the
facts that are the object of the proceeding, which procedure shall be take place during the
twenty days following, it being the duty of the Commission to permit the economic agents a
prior opportunity to answer according to their best interests.
The Commission shall call for briefs:
I. Having expired the period of fifteen days referred to in the previous paragraph, when no
performance of additional procedures has been declared;
II. Once the further evidence allowed for greater security of decision has been examined, or
III. The period has expired which is referred to in Article 33, Section II, of the Law, when the
alleged violator has failed to answer summons, confesses the facts or there are no
proofs to be presented.
ARTICLE 40. The file shall be understood to be complete at the date of presentation of the
briefs or on expiration of the period for their presentation; the Commission shall issue the
ruling within the following three days.
ARTICLE 41. At any stage of a proceeding pursued before the Commission, and before the
latter emit a definitive judgment, the alleged violator shall be entitled to present a written
undertaking whereby it undertakes to suspend, suppress, correct or not carry out the alleged
relative monopoly practice or prohibited concentration, for which purpose economic agents
shall accredit that:
I. The process of competition and free participation in the market shall be restored on the
cessation of the effects of the monopoly practice or prohibited concentration, and
II.The measures proposed shall be such as are appropriate and economically viable to leave
without effects the monopoly practice or concentration, indicating the periods and
terms for their verification.
Once the aforementioned undertaking has been received, the proceeding shall be
suspended until the Commission, within a period of fifteen days, emits its judgment,
whereby the said proceeding may be concluded without prejudice to the possibility of
imposing sanctions in respect of the engaging in monopoly practices or prohibited
concentrations and without prejudice to the complainant being able to claim losses or
ARTICLE 42. The notifications effected by the Commission may be served:
II. By list, and
III. To the authorities, or when the Commission expressly orders it, by writ delivered by
messenger or ordinary post or registered post with acknowledgment of receipt.
Personal notifications shall be performed within the terms of Section III, when the
interested party so requests, enclosing the receipt for payment of the corresponding
ARTICLE 43. The following shall be notified in person:
I. Judgments of the Plenum of the Commission;
II. Request for additional information;
III. Ruling by which a complaint is dismissed or a complaint or a notification of
concentration is deemed not presented;
IV. Summons served on the alleged violator;
V. The ruling whose purpose is to caution the interested party;
VI. Rulings directed at any person extraneous to the proceedings under way before the
Commission, and that indicated in Article 52 of this Code of Regulations, and
VII. Whenever it is expressly ordered by the Commission, applying to some situation
not contemplated in the previous sections.
ARTICLE 44. It shall be understood that any personal notification is served on the person to
whom it is directed, its legal representative or natural persons authorized for that effect; in the
absence of these, the notifier shall leave notice of citation with the person who is found
present in the domicile, requiring that the interested party be in attendance at a fixed time on
the following business day. If the domicile is found to be closed up, the notice of citation shall
be left in a visible place.
If the person to whom notification is to be given does not attend on the notice of citation, the
notification shall be understood as served on any person who happens to be in the domicile at
which the process is served, and in the event of the said person refusing to receive it or,
alternatively, of the premises being found shut up, the process shall be served by means of
an official notice which shall be affixed in a place visible therefrom.
The notifier shall make out a report in writing regarding the procedures by means of which the
notification is served, in which shall be recorded the manner in which it was ascertained that
the correct domicile was located, the legal status of the person who received it, the date and
hour at which notification was effected and the proceeding which was notified.
ARTICLE 45. Personal notifications may be performed by public servants of the Commission
or those of other departments of the federal, state or municipal Public Administrations with
which the Ministry enters into agreements on collaboration for the purpose, as well as by
means of notary public. The said notifications may also be performed in the offices of the
Commission when the interested party attends.
ARTICLE 46. For those notifications which do not require personal execution a list shall be
issued which shall be made available to the public in the Commission’s offices. For each
ruling or judgment, the number of the file in which it is delivered and the subject of the said
ruling or judgment shall be stated, without mentioning the identity, company or business name
of the economic agents involved in the proceeding, nor any other information that could be
used to identify them.
The list shall be brought up to date every week with the inclusion of all those rulings emitted
during the previous week; it shall also include on every page the Commission’s official seal.
When the economic agents fail to indicate their domicile on their initial communication, any
notification, even personal notifications shall be executed by means of the list.
ARTICLE 47. All notifications shall take effect on the day following that on which they are
ARTICLE 48. For the effects of Article 38 of the Law, once a final judgment has been entered
by the Commission, persons whose interests have been affected or damaged by the
monopoly practice or prohibited concentration in question, may request the Commission in
incidental proceedings to estimate their losses or damages.
Consultations and Opinions
ARTICLE 49. Any person, whether natural or artificial, and including the agencies or other
official bodies of the Federal, state or municipal public administrations may request
consultation on the subject of competition and free participation in the market, for which
purpose the following requirements shall apply:
I. The said request shall be presented in writing, accompanied by any information
relevant for the analysis that shall be carried out by the Commission;
II. Should the information provided be deemed insufficient, the Commission shall
require the party concerned to provide the same, on one sole occasion, within
ten days following the presentation of the request, which shall be presented
during the fifteen days following the Commission’s requirement, and
III. The Commission shall satisfy the inquiry in a maximum period of thirty days
following the presentation of the request, or the delivery of the information,
according to the case.
If the said information is not provided within the period provided for in Section II above, the
consultation shall be deemed not presented, without prejudice to the concerned’s
entitlement to request an extension of the said period or to present a new inquiry.
ARTICLE 50. When legal or regulatory provisions expressly provide that questions of
effective competition, existence of substantial power in the relevant market, or other questions
regarding competition and free participation in the market are to be to resolved, it shall be the
responsibility of the Commission, excepting provision to the contrary, to emit the
corresponding judgment. For this purpose, the Commission, either ex officio, or on the
request of the respective authority or of an economic agent with some interest in the matter,
shall emit a judgment in accordance with the following terms:
I. If necessary, it shall request the relevant reports and documents and shall serve
subpoena upon those having relation with the case in question in order that
they may render declaration;
II. On the basis of the analysis carried out, it shall emit a preliminary judgment and shall
notify the affected, the petitioner and the remaining economic agents
concerned of the substance of the said judgment;
III. In a period no less than fifteen days and not exceeding forty-five days, the affected,
the petitioner and the remaining economic agents shall be heard, and
IV. It shall turn the judgment over to the competent authority for the issues in question,
without prejudice to any steps which the interested parties may wish to take
before the Commission itself.
When the judgment is to be emitted at the request of the authority or other interested
party, the Commission shall emit the preliminary judgment referred to in Section II above
in a maximum period of thirty days following the presentation of the said request. This
period and that indicated in Section III of the present Article may be extended by the
President of the Commission, when this is justified, up to the maximum number of days
contemplated for each case.
Notwithstanding the maximum periods contemplated in this article, the Commission shall
resolve with due promptness, so that those authorities which are obligated to consider
such judgments as are emitted pursuant to this article, may be able to apply in a timely
manner the provisions in question.
ARTICLE 51. When in public bidding processes the favorable opinion of the Commission is
required as a condition, this must be resolved within the procedures and periods established
by the corresponding terms of reference which are established pursuant to the corresponding
laws and upon agreement between the body calling for bids and the Commission.
Motion for Reconsideration
ARTICLE 52. The motion for reconsideration shall only be in order against judgments putting
an end to a proceeding or those which hold a complaint not to have been presented or a
concentration not notified.
In the case of those proceedings provided for in Chapter V, as well as those in Articles 8 and
50 of this Code of Regulations, the challenged judgment shall be evaluated on the basis of the
court records, and the only admissible additional evidence shall be such as has subsequently
come to light and which has a relation with the facts in dispute, which is susceptible of
modifying the terms of the judgment, which must accompany the document in which the
motion for reconsideration is set forth and shall be ruled by the relevant provisions in chapter
V of the present Code of Regulations.
The only persons having a legitimate interest to file a motion for reconsideration against the
judgments of the Commission shall be the complainant, the alleged violator, who shall be
party to a procedure of notification of concentration, or those involved in the proceeding as
contemplated in Article 50 of this Code of Regulations.
ARTICLE 53. The President of the Commission shall deliver a ruling that either admits or
rejects the motion within a period of five days following its presentation. In the event of the
motion being admitted, the alleged violator, the complainant and the economic agents referred
to in Article 50, as appropriate, shall be given a hearing, so that, within a period of ten days,
they may set forth whatever it is in their interests to express.
SOLE. The present Code of Regulations shall enter into force on the day following its
publication in the Diario Oficial de la Federación, except for Article 2, which shall enter into
force after a period of six months following the said publication.
Published in the Diario Oficial de la Federación, March 4, 1998.