MEXICO Law and Practice Contributed by: Alejandro Mendiola Diaz, Pedro Isaac Alcalá Berhouague and Benjamín Uriel Salinas Morales, Nader, Hayaux & Goebel
These sanctions are applicable even during the investigation phase and may escalate if the conduct is deemed to obstruct the agency’s legal duties. The imposition of such measures is recorded and may be considered an aggra - vating factor when calculating the final penalty. Although not common, cases of non-compli - ance – particularly delays in producing request - ed information or attempts to limit access dur - ing inspections – have occurred. Companies are therefore advised to respond promptly and thoroughly to all agency communications and to consult counsel as early as possible in the process. 2.8 Protection of Confidential/Proprietary Information The competition authority may classify infor - mation obtained during investigations as pub - lic, reserved, or confidential, depending on its nature and the risk posed by its disclosure. • Public information is accessible to anyone. It includes data already published in public reg - istries, official sources, or company websites. • Reserved information is restricted to the par - ties involved in the administrative procedure. It may include evidence, procedural docu - ments, or other material relevant to the case, but not sensitive in nature. • Confidential information is protected from dis - closure to other parties and the public. Only the authority and the owner of the information may access it. This includes trade secrets, business strategies, personal data, attorney- client communications, and any information whose disclosure could cause competitive harm or violate legal provisions. To request confidentiality, the submitting party must justify the request, provide a non-confiden -
tial summary, and show that disclosure would cause harm or breach legal protections. These protections apply to investigated parties, third parties, and witnesses alike. Classification is governed by the Mexican Com - petition Law and national transparency and data protection rules. 2.9 Arguments Against Enforcement Actions Legal and factual arguments may be raised at two procedural stages. During the investigation phase, companies and individuals may receive official requests for information. These notices indicate whether the recipient is under investigation or simply con - tributing information as a third party. Even at this early point, defence counsel can submit expla - nations, relevant documents, and supporting materials that help clarify the facts or mitigate suspicion of wrongdoing. In the trial-like stage, once the agency issues a Statement of Probable Liability, the accused party has 45 business days to submit a formal defence. This includes the following. • Legal and factual arguments. • Supporting documents and expert evidence. • Economic analysis addressing the alleged conduct or its effects. • Mitigating arguments or procedural objec - tions. Parties may also present closing statements and request a hearing before the agency’s decision- making body. These tools allow the defence to contest the allegations before a final resolution is issued.
209 CHAMBERS.COM
Powered by FlippingBook