1 year ago

COFECE’s Leniency and Immunity Program Frequently Asked Questions


7. What are the specific

7. What are the specific conducts within the scope of the Program? Is it applicable to cartel conduct committed outside of Mexico? An individual or companies may apply to the Program for cartel offenses or absolute monopolistic practices under article 53 of the FECL. Absolute monopolistic practices consist of contracts, agreements, arrangements, or combinations among competing economic agents 9 , which have as their purpose or effect any of the following: Price fixing Output restriction Market allocation Bid rigging Exchange of information To fix, raise, coordinate or manipulate the sale or purchase price of goods or services supplied or demanded in the markets To agree not to produce, process, distribute, market or acquire more than a restricted or limited amount of goods or the provision or transaction of a limited or restricted number, volume, or frequency of services To divide, distribute, allocate or impose portions or segments of a current or potential market of goods and services, in terms of given or to be determined customers, suppliers, time spans or spaces To establish, arrange or coordinate bids or abstentions from tenders, contests, auctions or purchase calls To exchange information with the purpose or effect of fixing prices, restricting output, allocating markets, or rigging bids. COFECE investigates and sanctions absolute monopolistic practices carried out in Mexico, and those carried out in other countries, as long as these practices affected Mexican markets 10 . Therefore, the Program is applicable to absolute monopolistic practices committed anywhere in the world, if Mexican markets are affected by the conduct. 9 Article 3, Section I of the FECL defines an economic agent as a ny natural or legal person, either for profit or non-profit, Federal, State or Municipal public administration agencies and entities, associations, business chambers and professional associations, trusts, or any other form of participation in economic activity. 10 This should not be confused with the objet or effect of absolute monopolistic practices. It only means that COFECE may investigate and sanction absolute monopolistic practices that have as purpose or effect to affect Mexican markets. 4 of 13

8. Who 11 may apply to COFECE’s Leniency and Immunity Program? Companies who: Have engaged or are engaging in an absolute monopolistic practice. Individuals who: Have participated directly in an absolute monopolistic practice on behalf or by account and order of a company. Companies or Individuals who: Contribute, facilitate or instigate an absolute monopolistic practice. 9. Can individuals or companies that belong to the same economic interest group 12 receive the Program’s benefits? The Program’s benefits may be extended to other individuals and companies provided that they belong to the same economic interest group as a company that applied to the Program. As a result, executives, employees, former employees, subsidiary companies, etc. may receive the same benefits as the applicant. However, these individuals and companies are subject to the same obligations as the applicant. Applying to COFECE’s Leniency and Immunity Program 10. What is a marker? A marker is the acknowledgement given to an applicant of the date and time that the application was received, establishing the chronological order of the application. A marker guarantees the order of preference amongst the applicants regarding a specific product or service. An applicant will hold its marker and its order of preference while the Investigative Authority assesses the sufficiency and appropriateness of the information provided. The Investigative Authority has to make such analysis in order to establish whether the information will enable it to either initiate an investigation concerning the facts provided or presume the existence of an absolute monopolistic practice. 11. May a party meet with COFECE before applying to the Program? A party seeking to join the Leniency and Immunity Program may request a meeting with the Head of the Investigative Authority prior to applying to the Program. During the meeting, the interested party may present its case in an informal manner -without any risk of liability- ask questions to learn about the Program and how it works. As this is an informal meeting, no minute will be issued. 11 According to the articles 3 and 4 of the FECL, all economic agents are subject to this law. Economic agents are individuals or companies, for-profit, non-profit, governmental agencies, trade associations, groups of professionals, trusts or any kind of participation in economic activity. 12 An economic interest is a group of companies and individuals with interrelated commercial and financial interests who coordinate their activities in order to achieve a common economic or commercial objective. 5 of 13

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