Mexico merger control
Produced in partnership with Creel, Garcia-Cuellar, Aiza Y Enriquez
Mexico merger control

The following Competition practice note produced in partnership with Creel, Garcia-Cuellar, Aiza Y Enriquez provides comprehensive and up to date legal information covering:

  • Mexico merger control
  • 1. Have there been any recent developments regarding the Mexican merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Mexico?
  • 2. Under Mexican merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Antitrust Authorities?
  • More...

Mexico merger control

A conversation with Luis G. Garcia Santos Coy, partner at Mexican law firm Creel, Garcia-Cuellar, Aiza y Enriquez, on key issues on merger control in Mexico.

NOTE–to see whether notification thresholds in Mexico and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Mexican merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Mexico?

The relevant law is the Federal Economic Competition Law (Ley Federal de Competencia Económica, the 'Competition Law'), which came into effect on 7 July 2014. The two relevant authorities are the Federal Economic Competition Commission (Comisión Federal de Competencia Económica, the FECC) and the telecom regulator, the Federal Telecommunications Institute (Instituto Federal de Telecommunications, the IFETEL) (together the 'Antitrust Authorities').

On 10 November 2014 and 12 January 2015, each of the FECC and the IFETEL issued their own regulatory provisions to the Federal Law on Economic Competition (Disposiciones Regulatorias de la Ley Federal de Competencia Económica, the 'Regulations').

The FECC has also issued:

  1. guidelines for the exchange of information (published on 17 December 2015 and modified on 24 November 2020) addressing, among other things, measures that shall be taken to prevent gun-jumping

  2. guidelines for the Notification of Concentrations (Guía para la Notificación de Concentraciones, the 'Guidelines') published on 9 October 2015

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