The problem of determining the essential input in new relative monopolistic practices (in Spanish)
On July 7, 2014, a new Federal Economic Competition Law (“NLFCE”) will come into effect, introducing significant changes in the three traditional areas of the law: mergers, absolute and relative monopolistic practices, and creating a new control mechanism in this field—market investigations.
Specialised Competition Court annuls FECC’s resolution revoking immunity under leniency programme
On July 5 2016 the Federal Economic Competition Commission (FECC) imposed total fines of
$3,882,378.52(1) on Denso and Mitsubishi for commissioning an absolute monopolistic practice in a
sensible commercial information exchange, the object and effect of which was the manipulation of
the price of automobile air conditioner compressors.
FECC initiates first criminal action against probable cartel
Criminal action is considered to be an effective tool to dissuade cartels across the globe. It was
introduced into the Mexican competition law framework in 2011,(1) after the Federal Law of
Economic Competition and the Federal Criminal Code were amended. Further, in 2014, as a
consequence of the new Federal Law of Economic Competition’s enactment, the applicable
dispositions on criminal liability were modified to increase penalties and adjust some procedural
issues.
Competition and antitrust in the digital age
While the digital economy offers abundant opportunities to customers and retailers alike, it also raises a number of competition concerns, including the impact on bricks-and-mortar businesses, the potential for abuse of market power by major digital platforms and the challenge of fostering online competition while preventing free riding. Competition authorities must evolve and adapt traditional antitrust principles and approaches to meet the challenges of the rapidly changing digital market.
FECC will focus on priority sectors in 2017
The Federal Economic Competition Commission (FECC) recently issued its Annual Work Programme.
The programme’s initiatives largely focus on sectors of strategic importance to Mexico’s economic
and social interests.
Courts recognise attorney-client privilege in antitrust matter for first time
On December 8 2016 the First Collegiate Tribunal on Administrative Matters Specialised in Economic Competition, Broadcasting and Telecommunications ordered the admission of an amparo trial (ie, a federal trial in which the complainant alleges a violation of his or her constitutional rights by an authority) against the Federal Economic Competition Commission (FECC) for the actions of its representatives, who had obtained confidential documents protected by attorney-client privilege during a dawn raid.
Challenges and opportunities in a complex external environment (in Spanish)
2017 Economic Outlook Seminar, ITAM Mexico City
The North American Free Trade Agreement: Action plan against uncertainty
We face uncertain times over the recent election of Donald Trump as President of the
United States of America (USA) and the possible renovation, modification or withdrawal
from the North American Free Trade Agreement (NAFTA). In this context, we consider
that it is possible to carry out certain actions to mitigate and prevent the risks and adverse
effects on funds and companies in Mexico in case the ecosystem that the Treaty has
generated for 20 years is modified
FECC focuses on pharmaceutical sector
Shortly after its establishment in 2013, the Federal Economic Competition Commission (FECC)
drafted its strategic plan for 2014 to 2017. The plan established the criteria for determining where
the FECC should focus its attention in regards to enhancing competition.(1) The FECC also issued a
public consultation document(2) seeking feedback regarding which sectors should be prioritised
based on the previously defined criteria. The results of this public consultation indicated that the
pharmaceutical sector should be a priority for the FECC, particularly regarding the sale of medicines
to public health institutions and these institutions’ IP rights. As such, the strategic plan
acknowledged that there is a lack of competition in the pharmaceutical sector, which has led to a 33%
to 46% reduction in households that can afford to buy pharmaceutical products
The Future of NAFTA
Taking Action Under Uncertainty