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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.

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

MFECC issues recommendations to foster competition in gasoline and diesel market

The constitutional energy amendment published in the Official Gazette on December 20 2013
transformed the Mexican energy market into a competitive market that enables private investment.
As a result, gasoline and diesel prices will be liberalised after December 31 2017, as established by
the new Hydrocarbon Law. In addition, the Hydrocarbon Law has enabled parties outside the
Mexican Petroleum (Pemex) franchise model to sell gasoline and diesel since January 2015.