Administrative Litigation in Economic Competition

Administrative Litigation in Economic Competition

We advise and represent our clients in the preparatory phase and throughout the entire procedure, including, depending on the character of our client: Preparing the complaint; assisting the authority in the conduct of the investigation; attending verification visits, information requests and appearances before the investigating authority; answering reports of probable responsibility; appearing to conduct evidentiary proceedings; formulating allegations; appearing at a public hearing and, in general, taking the necessary steps before the commissioners and other relevant officials of the Federal Commission of Economic Competition and the Federal Institute of Telecommunications, for the presentation and support of the case.

 

As explained below, we also represent our clients in the process of challenging, via amparo, the resolutions of these administrative authorities.

 

 

Absolute monopoly practices

  • Complainant Representation

We advise our clients on possible effects of agreements made between third party competitors to fix prices, reduce supply, divide markets, agree on bids in bidding processes or exchange information for these purposes.

 

We define the lines of action for the immediate protection of our client’s interests, evaluate the possible configuration of the practice and, if necessary, prepare the complaint and represent our client in the procedure.

 

  • Representation of economic operators under investigation

We advise and represent our clients when they are involved in procedures for the investigation and sanctioning of absolute monopolistic practices, either as third parties related to the process or as those being investigated. In the latter case, we evaluate the convenience and viability of our client to take advantage of the immunity program, verifying that the elements it has are sufficient to satisfy the standard provided by the Law.

 

In cases where our clients do not avail themselves of the immunity program, we build comprehensive defense strategies that allow them to have the strongest possible position and we represent them throughout the procedure.

 

Relative monopolistic practices and unlawful concentrations

  • Complainant Representation

We advise our clients to combat conduct by other economic agents that could prevent them from accessing or displacing them from the market, as well as concentrations carried out by competitors, clients or suppliers that could affect the competitive process to their detriment.

 

If the conduct or concentration may indeed constitute an infringement of competition law and there is a practical possibility of success, we prepare the complaint and represent our client throughout the procedure.

 

  • Representation of economic operators under investigation

We advise and represent economic agents who are involved in procedures for the investigation and sanctioning of relative monopolistic practices and illegal concentrations, either as third parties related to the process or as those being investigated. In the latter case, we evaluate the viability and convenience of our client’s offering commitments that will lead to the early closure of the file, verifying that the proposed means are adequate to meet the requirements demanded by the Law.

 

In cases where our clients do not promote the early closure of the file, we build comprehensive defense strategies that allow them to have the strongest possible position and we represent them throughout the procedure.

We want to hear your case

Valdes Abascal Abogados SC

Guillermo González Camarena 1450 Piso 5

Centro de Ciudad Santa Fe

01210 CDMX México

+ (52) 55 5950 1580

info@vaasc.com