News - Litigation | Num. 6 | June 2024

ADMINISTRATIVE. THE FIRST CHAMBER OF THE SCJN RULED THAT ARTICLE 73 OF THE ANTITRUST LAW WHICH EMPOWERS THE FEDERAL ECONOMIC COMPETITION COMMISSION ("COFECE") TO REQUEST REPORTS AND DOCUMENTS, DOES NOT VIOLATE THE PRINCIPLE OF LEGAL CERTAINTY

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The First Chamber of the SCJN, resolved the constitutional appeal 565/2023 and determined that Article 73 of the Antitrust Law does not violate the principle of legal certainty by not establishing a time limit within the normative hypothesis for the competent authority to request information and documents from individuals.

This decision is based on the considerations that the legislator, when issuing the Antitrust Law -Federal Economic Competition Law-, established the figure of prescription not only in relation to the authority's power to impose sanctions but also, expressly, in relation to the authority's power to initiate investigations.