printable version | September 2021
The Advertising Law (Law for Transparency, Prevention and Combating Unfair Practices in Advertising Contracting), which came into force on September 1, establishes that the authority to monitor compliance and sanction those persons who act in contravention of the Advertising Law will be the Federal Economic Competition Commission (“COFECE”), establishing that the procedures must be carried out in accordance with the Federal Economic Competition Law (“LFCE”).
COFECE filed a constitutional dispute before the Supreme Court of Justice of the Nation against the Advertising Law - which has not been resolved - requesting its suspension - an issue that was denied by the Court.
Given the entry into force of the Advertising Law, COFECE, in order to provide legal certainty to the procedures initiated under the new Advertising Law and carried out before COFECE, issued on August 31 in an Exceptional Plenary Session the Emergency Regulatory Provisions to process and resolve complaints regarding the Advertising Law (“Regulatory Provisions”), which enter into force on this date.
The Regulatory Provisions aim to channel, organize and clarify how the procedures that result from the complaints that, in accordance with the Advertising Law, are substantiated and processed by COFECE in accordance with the LFCE, will be followed and resolved, establishing to this effect the provisions that the Law already has for the procedures both in the Investigation stage and in the stage of the Procedure Followed in the Form of a Trial.
As long as the Regulatory Provisions are in force, all investigations related to possible violations of the Advertising Law will be initiated by complaint and will be processed by the Investigative Authority of COFECE. Once the investigation is concluded, it may close the file or initiate the procedure followed in the form of a trial. COFECE will be able to impose the corresponding sanctions if it is proven that the conduct displayed violated the normative precepts of the Advertising Law.
If you require additional information, please contact the partner responsible for your matters or one of the lawyers mentioned below:
