Antitrust & Competition

Services

In the field of antitrust and competition law, our practice team is comprised of professionals with extensive experience within the authorities responsible for enforcing the Federal Economic Competition Law, including the Federal Economic Competition Commission (COFECE) and the Federal Telecommunications Institute (IFT). This experience allows us to provide strategic legal counsel to our clients in all matters related to:

Preparation, filing, and handling of complaints involving monopolistic practices, unlawful concentrations, barriers to competition, substantial market power, and competition conditions.

1. Interim and precautionary measures.
2. Investigations conducted by the authorities, including responses to information requests, dawn raids, summons, and other investigative actions.
3. Leniency and sanction reduction procedures.
4. Administrative litigation and trial-like proceedings before competition authorities.
5. Assessment of mandatory merger control filings and prior notifications for transactions such as mergers, acquisitions, restructurings, and changes of control that meet the thresholds established under the Federal Economic Competition Law.
6. Requests for formal opinions and consultations before regulatory authorities.
7. Legal challenges and defense before specialized courts, including constitutional injunctions (amparo) and appeals against decisions issued by the authorities.

From a preventive and compliance perspective, we also assist clients with:

1. Assessment of commercial practices and business policies under applicable competition laws and regulations.
2. Guidance and training for companies at all organizational levels regarding the scope and implications of competition law.
3. Identification of potential competition law risks and implementation of preventive measures to mitigate exposure.

Representative Matters

Although this is a relatively recent addition to the Firm’s practice areas, our team has already advised clients on a wide range of antitrust and competition matters, including:

Distribution agreements in the food industry. We reviewed the terms and conditions of distribution agreements to identify potential competition and antitrust concerns, including possible vertical restraints and relative monopolistic practices under Mexican competition law. We proposed adjustments to mitigate legal exposure and provided the client with a comprehensive risk assessment and tailored recommendations aimed at strengthening awareness among decision-makers and commercial teams regarding applicable competition regulations and the prevention of anticompetitive conduct.

Resale pricing policies in the automotive industry. We assessed the legal viability of implementing resale pricing policies for distributors in light of the standards established under the Federal Economic Competition Law, ensuring that the proposed structure would not constitute an unlawful vertical restraint or other sanctionable conduct.

International merger notification with effects in Mexico. We advised the seller in a cross-border transaction with effects in Mexico, subject to mandatory merger control approval under the Federal Economic Competition Law. Our participation included the preparation and filing of the corresponding notification, ensuring that the competition authority received all relevant information from the outset, minimizing additional requests and facilitating timely clearance prior to the parties’ projected closing date.

Barriers to competition and market access. We analyzed the potential anticompetitive effects arising from governmental actions in the electricity generation market, incorporating the intervention of the Federal Economic Competition Commission into the broader legal defense strategy, pursuant to its investigative powers under Mexican competition law.

Corporate restructuring transactions. We evaluated the structure and terms of an internal reorganization within an economic group that met the statutory thresholds for mandatory merger notification under Mexican competition law, supporting the applicability of an exemption based on the transaction qualifying as a corporate restructuring.

Competition law compliance program. For a multinational business group with operations across several jurisdictions, particularly within the USMCA region, and with significant market participation, we incorporated Mexico-specific competition law provisions into its global compliance framework. This enabled the client’s personnel to better understand and comply with Mexican antitrust regulations in their interactions with customers, suppliers, and competitors.

Differential allocation policies during global supply shortages. We reviewed allocation criteria applied to customers and distributors in the context of international supply shortages affecting a specific market sector. We provided recommendations designed to ensure that the allocation policy remained objective, demonstrably justified, and non-discriminatory, thereby reducing potential competition law risks.