Competition & Antitrust, SAI Law & Economics updates

Mexico

Contributed by SAI Law & Economics
Joint participation in public procurement processes: the Mexican paradox
  • Mexico
  • 01 August 2019

In Mexico, some public institutions consolidate the procurement requirements of their entities into one public tender to save costs and increase efficiency. As such, joint propositions among competitors may be the solution for companies that wish to participate in such processes where they involve substantial volumes of goods. However, there are no official guidelines or criteria on how joint propositions between competitors should be negotiated or implemented so that they do not pose a risk to competition.

COFECE rejects Walmart's acquisition of Cornershop
  • Mexico
  • 27 June 2019

The Federal Economic Competition Commission (COFECE) recently issued a press release announcing that it had rejected Walmart's proposal to acquire Cornershop in light of the potential risks that it posed to competition and free market access. This case is significant as it is the first merger review case in which the COFECE has analysed vertical concentrations involving digital platforms.

What happens if competition authorities violate attorney-client privilege?
  • Mexico
  • 09 May 2019

All violations of attorney-client privilege are illegal, but the specific consequences will depend on the nature of the privileged information and the violation's potential effect on the plaintiff's defence strategy. In certain circumstances, a violation of attorney-client privilege can lead to a prohibition on prosecution due to procedural corruption. This article provides a number of practical tips for dealing with a violation of attorney-client privilege by the competition authorities.

COFECE amends recommendations to foster competition in gasoline and diesel markets
  • Mexico
  • 21 February 2019

In January 2019 the new government implemented several measures to counter and reduce gasoline and diesel theft, which generated fuel shortages in some of Mexico's main cities. To address these issues, the Federal Economic Competition Commission recently issued a follow-up to its 2016 recommendations which aimed to foster competition in the gasoline and diesel markets in order to address the new administration's concerns.

COFECE approves commitments to restore competition in pharmaceutical market
  • Mexico
  • 13 December 2018

In 2017 the Federal Economic Competition Commission initiated an investigation into an unlawful concentration between Marzam – a major pharmaceutical product distributor in Mexico – and its main competitor, which had come to light following the release of the Panama Papers. However, before the investigation concluded, Moench Coöperatif (which had acquired control over Marzam) and one of its shareholders proposed a series of commitments in order to restore free competition in the pharmaceutical market.


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