Administrative Litigation 

We assess and represent our clients in the preparation phase and throughout the whole procedure, which includes, depending on the character that our client has: elaboration of the complaint; cooperation with the authority during the investigation; assistance during dawn raids, assistance to answer requests of information and during subpoenas; answering the indictment of probable responsibility, attend the evidence proceedings, formulation of allegations, attend the audiences with Commissioners, and, in general, carry out all the necessary actions before the Commissioners and the officials of the Federal Economic Competition Commission and the Federal Telecommunications Institute.

As explained below, we also represent our clients in the appeals procedures before Federal Courts, via Amparo trials, of the resolutions of the administrative authorities.

 

Cartel Conduct (absolute monopolistic practices)

• Representation of complainants

We advise our clients when they may be affected by possible cartel conduct (price fixing, restriction of output, allocation of markets, bid rigging and information exchange whose object or purpose are such conducts) of competitor third parties.

We define the lines of action for the immediate protection of our client’s interests, we evaluate if the conduct is configured and, if it is the case, we elaborate and file the complaint and represent our client during the investigation and sanction procedure.

• Representation of economic agents under investigation

We advise and represent our clients when they are involved in cartel conduct investigations, either as cooperating parties or as alleged offenders. In the latter case, we carefully evaluate the convenience of applying to the leniency program, by verifying if the evidence at hand is sufficient to meet the standard set out in the Law.

When our clients do not apply to the leniency program, we build comprehensive defense strategies that allow them to have the strongest possible position and we represent them during the whole procedure.

Abuse of dominance / vertical restraints (relative monopolistic practices) and illegal concentrations

• Representation of complainants

We counsel and represent our clients to fight conducts of other economic agents that may impede access to or displace them from the market, as well as concentrations carried out by competitors, clients or suppliers that may affect the competition process.

If the conduct or concentration configures an infraction to the competition law and high possibilities of success are identified, we elaborate and file the complaint and represent our client along the investigation and sanction procedure.

• Representation of economic agents under investigation

We represent economic agents that are involved in relative monopolistic practices or illegal concentrations investigation and sanction procedures, either as cooperating parties or as alleged offenders. In the latter case, we carefully evaluate the feasibility and convenience for our clients to offer commitments and means to protect the competition process, in order to seek for an anticipated termination of the proceeding, by verifying that such proposed means are suitable to meet the requirements established by Law.

In cases in which our clients choose not to seek for an anticipated termination, we build comprehensive defense strategies that allow them to have the strongest possible position and we represent them during the whole procedure.