Competition
Economic Competition
We represent our clients in obtaining authorizations for business concentrations, as well as in the full spectrum of behaviors and procedures covered by the Competition Law, which are conducted by Mexico’s competition authorities: the Federal Economic Competition Commission (COFECE) and the Federal Telecommunications Institute (IFT).
Merger Notifications
We have successfully represented clients in obtaining authorizations for at least fifty mergers and acquisitions.
In collaboration with top economists in the analysis of concentrations, we conduct a thorough pre-transaction analysis and risk assessment, a method that has delivered the best results for our clients.
Barriers to Competition and Essential Facilities
Competition authorities have the power to investigate barriers to competition and essential facilities, as well as to impose orders to eliminate barriers, regulate essential facilities, and recommend regulatory changes to authorities that inhibit competition.
We have represented clients in the largest and most relevant cases of barriers to competition and essential inputs, including slots at Mexico City International Airport, payment card clearinghouses, e-commerce practices, among others.
Cartels and Leniency Program
Some business agreements, especially between competitors, may violate the Competition Law and are null and void. This includes, for example, agreements on prices or margins, market allocation, customer allocation, territorial protection, or non-compete agreements.
Dawn Raids
It is possible that COFECE or IFT may unexpectedly visit your offices. Investigators access physical and electronic files, copy entire hard drives from executives’ and key employees’ computers, copy communications from mobile phone applications, and conduct interrogations.
Dawn raids always occur early in the morning when key members are in the office and can last the entire day.
We are always available to assist you during dawn raids. It is crucial that you and your employees know what to do—and what not to do—during unexpected visits from the authorities.
We have extensive experience in handling dawn raids conducted by both COFECE and IFT.
Commercial practices
A wide variety of commercial practices must be reviewed in light of the Competition Law, such as collaboration agreements to bring a new product to market or jointly distribute a product, brand licensing, product bundling, category captaincy, etc. Some of these practices may even be considered concentrations requiring prior authorization from competition authorities. Practical questions for you:
- Can a supplier set different prices for physical stores and online stores?
- What requirements can be imposed on exclusive distributors?
- Can a supplier impose territorial restrictions on a distributor and under what conditions?
- Can a category captain decide which products the supermarket places on the shelf?
- Does a brand licensing agreement need to be authorized by competition authorities before execution?
All these issues are important from a commercial standpoint and must be analyzed in light of competition legislation.
Abuse of Dominant Position and negotiation of commitments
Companies with market power must be careful not to violate the Competition Law. Examples of abusive behavior include discriminatory conditions, exclusivities, loyalty discounts, among others.
Companies involved in abuse of dominant position face significant risks.
We have represented clients in the largest and most relevant cases of abuse of dominant position, including telecommunications, e-commerce, and household insecticides, among others.
We have also represented clients in negotiating commitments with authorities to terminate investigations of this nature.
Competition Litigation and Class Actions
We represent our clients in specialized amparo proceedings before courts specializing in economic competition, broadcasting, and telecommunications concerning decisions made by competition authorities. We also represent clients in class actions arising from or connected with violations of competition or consumer protection laws.
We have actively participated in litigation that has set precedents in all aspects of competition law.
