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New Competition Law Adopted In Mexico

Author:Mr Javier Martínez Del Campo L., Manuel Romano and Jesús Gabriel Altamirano
Profession:Jones Day

A new Federal Economic Competition Law recently approved by the Mexican Congress is to become effective on July 7, 2014. The new law comes after an amendment to Article 28 of the Mexican federal constitution, which bans monopolies and monopolistic practices and seeks to strengthen competition in Mexico. Following is a brief description of some of the main areas of the new law. An autonomous body will be in charge of investigation proceedings. By doing this, the new law creates a mechanism to guarantee independence of the commissioners in their decision-making process. A new internal comptroller body will be in charge of reviewing the liabilities of the public officers working in the Competition Commission, among other things. In addition, new guidelines will seek to prevent ex parte contact with commissioners and set the grounds for hearings, among other things. The new law includes a process that aims to resolve competence conflicts between the Competition Commission and the Federal Telecommunication Institute, the two main Mexican competition agencies. The Competition Commission has authority to issue regulations and criteria. Two new conducts have been included in the list of relative monopolistic practices: (i) the narrowing of margins, and (ii) denial or restriction of "essential" raw materials or...

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