Our antitrust practice group consists of a highly experienced team offering a wide range of services, from general antitrust consulting to merger control proceedings, investigations into monopolistic practices and proceedings, antitrust compliance consulting, advice on bidding and market conditions, and government entity advising.
Lawyers ‘know their business and keep clients in the loop’, resulting in the ‘timely delivery of work of the highest quality’; many clients ‘would go nowhere else’.
Legal500 Latin America, 2017
Antitrust law is increasingly complex, leading to the potential for severe financial penalties—even criminal penalties in some cases. Moreover, the Mexican Antitrust Commission (Commission) has taken a firm stance regarding compliance with the applicable laws. As a result, antitrust matters necessitate specialized attention and consulting to avoid negative exposure for companies carrying out their day-to-day activities.
Certain transactions must be cleared by the Commission or the Federal Telecommunications Institute (Institute) before they can take place. In addition to simply giving notice of a concentration and taking the necessary steps, adherence to antitrust legislation is mandatory throughout the negotiation and due diligence process (both for concentrations where notice is and is not required). This is especially true for transactions involving competitors.
Investigations and proceedings
Investigations conducted by the Commission and Institute into antitrust law violations elicit a need for legal counsel for both the party reporting the violation and the economic agent under investigation. The authorities are vested with the power to take a variety of actions resulting in serious repercussions for businesses. This occurs during inspections, where authorities may take extreme investigative measures. Injured parties may also claim damages as a result of an investigation, and whistleblower programs lend further complexity to investigations. Finally, proceedings require timely care to limit consequences once the potential liability of an economic agent is being considered.
Antitrust compliance Consulting
A fundamental aspect of complying with antitrust legislation is prevention through the implementation of internal company mechanisms that allow businesses to avoid penalties or mitigate liability in the event investigations are conducted. These mechanisms include policies and codes of conduct devised to ensure compliance with antitrust laws through the training of key officers and creation of systems for reporting anticompetitive behavior.
“We believe it is a very reputable firm; we are very pleased with the value that the lawyers add, and their pro-business attitude and realistic view of what can be achieved.”
Chambers & Partners Latin America, 2017
Licenses and market conditions
Various markets subject to specific regulations require the issuance of opinions or rulings by antitrust authorities before licenses, concessions, and permits can be granted. Our firm provides the relevant services. We also advise on proceedings where a ruling is sought on market conditions or dominance in both the telecommunications and broadcasting as well as in other sectors.
Government entity advising
We advise government entities regarding compliance with antitrust laws applying to their projects, policies, and programs, and we represent them before the authorities in certain cases.