Latest updates

Green CUFIN: tax incentive for renewable generation companies
Ramos, Ripoll & Schuster
  • Energy & Natural Resources
  • Mexico
  • 26 October 2020

Green Net Tax Profit Accounts (CUFINs) were established in 2016 as a double tax incentive. The effect of a Green CUFIN is deferral of income tax payment at the corporate level while the shareholders anticipate the benefits of their participation in the entity. This is a valuable incentive for power generation companies and its requirements can be easily complied with through an adequate corporate structure.

Evolution and current status of e-filing for patent applications
Becerril Coca & Becerril SC
  • Intellectual Property
  • Mexico
  • 26 October 2020

The COVID-19 pandemic has evidenced the need for an efficient and safe system for the electronic prosecution of patent applications and has forced the Mexican Institute of Industrial Property to make such a system available for applications originally filed in paper format. However, as this article shows, the path to this outcome has not been straightforward.

New Mexican Official Standards for ozone and particles in air
  • Environment & Climate Change
  • Mexico
  • 19 October 2020

The Ministry of Health recently published two projects on the National Regulatory Improvement Commission's online system for consultation. Each project proposes to introduce new goals and standards for air quality in Mexico through a five-year implementation plan that would see a gradual reduction of the concentration of particles and ozone in the environment.

Amparo actions against CENACE act's impact on competition in electricity industry
SAI Law & Economics
  • Competition & Antitrust
  • Mexico
  • 08 October 2020

Many renewable energy investors have challenged the National Energy Control Centre (CENACE) act before the constitutional courts through various amparo actions. Moreover, the Federal Economic Competition Commission has held that the CENACE act affects competition in the electricity industry by indirectly denying solar and wind power plants the possibility of beginning operations and favouring the dispatch of energy from conventional power plants.

New criteria for vulnerable individuals to return to work amid COVID-19 pandemic
Creel, Garcia-Cuellar, Aiza y Enriquez, SC
  • Employment & Immigration
  • Mexico
  • 07 October 2020

Mexico has recently issued a wide range of regulations to contain the COVID-19 pandemic and protect public health. Notably, the Federal Health Ministry and the Mexican Social Security Institute have issued special restrictions and recommendations with regard to the return to work of individuals classified as part of vulnerable groups, who, due to pre-existing conditions or illnesses, are at a greater risk of complications or even death if they contract COVID-19.

Counter-reform: latest developments in battle that has become war
Ramos, Ripoll & Schuster
  • Energy & Natural Resources
  • Mexico
  • 28 September 2020

The new federal government has taken many actions in an effort to prioritise the Federal Commission of Electricity, Mexico's state-owned power company, over other participants in the open electricity market implemented by the 2013 to 2014 energy reform. Now, despite multiple promises from the president that Mexico's energy legislation would not be reformed, his party has announced a legislative plan to embark on a new energy reform.

Tribunal dismisses all of investor's claims under NAFTA and orders him to pay more than $2 million in costs
Becerril Coca & Becerril SC
  • Arbitration & ADR
  • Mexico
  • 17 September 2020

In 2016 Joshua Dean Nelson commenced arbitration against Mexico on behalf of Telefacil México, SA de CV and himself under the North American Free Trade Agreement (NAFTA). According to Nelson, the Federal Telecommunications Institute had prevented him from participating in the telecoms market by issuing measures that he alleged violated Chapter 11 of NAFTA. However, the tribunal recently rejected the claims and held that Telefacil owed Mexico $2.05 million in arbitration costs.

New digital services tax introduced
  • Tech, Data, Telecoms & Media
  • Mexico
  • 11 September 2020

Mexico recently introduced a new digital services tax. Under the new rules, paid-for digital services provided via digital content or apps through the Internet or any other fundamentally automated network are subject to specific value added tax rules if the user of the service is located in Mexico. This article provides a general summary of the new tax rules.

COFECE penalises cartel in public procurement for health sector: integral services for laboratory studies and blood bank
SAI Law & Economics
  • Competition & Antitrust
  • Mexico
  • 27 August 2020

The Federal Economic Competition Commission (COFECE) recently issued a press release informing that 11 companies and 14 individuals had established a non-aggression pact in order to distribute items from seven tenders previously called by the Mexican Institute of Social Security and the Institute of Security and Social Services of State Workers. The applicable fine was the highest that COFECE has imposed in the past 10 years for cases relating to public procurement in the health sector.

Food and beverage labelling: remedy to obesity epidemic or constitutional violation?
Sanchez DeVanny Eseverri SC
  • Product Regulation & Liability
  • Mexico
  • 20 August 2020

Mexico is suffering from a national obesity epidemic; however, it is debatable whether the solution is stricter product marking, labelling and taxation or an approach focused on developing healthier habits and education. The health authorities' latest strategy on food and beverage labelling will likely have a significant economic impact on the food and beverage industry and could be considered a violation of international treaties and agreements.

COVID-19 FAQs: are you up to date with your obligations?
Creel, Garcia-Cuellar, Aiza y Enriquez, SC
  • Employment & Immigration
  • Mexico
  • 19 August 2020

With the COVID-19 pandemic continuing to affect every aspect of life, employers must ensure that they are up to date with their obligations towards employees. This article answers employers' FAQs, including with regard to the financial support available to employees, the measures introduced to facilitate remote working, the processes for implementing dismissals during the pandemic and employers' obligations in terms of health and safety during the return to work.

Tobacco yes, marijuana yes, vaping no: absurd approach to major health problem
Sanchez DeVanny Eseverri SC
  • Healthcare & Life Sciences
  • Mexico
  • 05 August 2020

The Mexican health authorities argue that the use of vaping products constitutes a health risk and promotes tobacco product use by smokers and non-smokers alike. Based on this interpretation, the health authorities have made several attempts to prohibit the sale and marketing of vaping products. Most of these attempts have been challenged by individuals or legal entities engaged in the tobacco industry, with favourable outcomes in the federal courts and the Supreme Court of Justice.

Crowdfunding as an investment and alternative financing tool for energy projects
Ramos, Ripoll & Schuster
  • Energy & Natural Resources
  • Mexico
  • 03 August 2020

Due to the excessive exploitation of finite resources such as coal and oil, alternative sources of renewable energy are required to satisfy the high demand for energy. However, the creation and use of alternative sources of renewable energy require significant investment, which has become a major obstacle. Against this background, crowdfunding platforms have become an excellent financing option to develop projects focused on generating alternative energy.

New national environment and natural resources policy
  • Environment & Climate Change
  • Mexico
  • 03 August 2020

The Ministry of Environment and Natural Resources recently published the Environment and Natural Resources Sector Programme for 2020 to 2024, which is the nationwide policy on environment. The policy sets out five main objectives that will serve as a guide for all other federal and local environmental policies, strategies and decisions and includes various methods for determining the progress made on the implementation of its strategies and achieving the goals set for 2024.

Outpatient medical care facility infrastructure and equipment in times of technological advances
Sanchez DeVanny Eseverri SC
  • Healthcare & Life Sciences
  • Mexico
  • 29 July 2020

During the COVID-19 pandemic, new technologies such as telemedicine and remote medical services have become even more relevant due to the risks associated with close physical contact in hospitals and other places where COVID-19 sufferers may be present. A new Official Mexican Standard, which was recently published in the Federal Official Gazette, sets out the minimum requirements applicable to infrastructure and equipment required for outpatient medical care facilities.

Implications of Policy of Reliability, Security, Continuity and Quality of the National Electric System
Ramos, Ripoll & Schuster
  • Energy & Natural Resources
  • Mexico
  • 20 July 2020

The Ministry of Energy recently published the Policy of Reliability, Security, Continuity and Quality of the National Electric System, a regulation which tacitly incorporates competition barriers for intermittent clean energy power plants. The policy allegedly aims to maintain the electricity supply and minimise risks which could prevent final users' electricity demands being met. However, it does not provide sufficient technical grounds to justify said objectives.

COVID-19 and Mexican telecoms sector
  • Tech, Data, Telecoms & Media
  • Mexico
  • 17 July 2020

When the COVID-19 pandemic arrived in Mexico in Spring 2020, the Federal Telecommunications Institute issued a decree to order the maintenance of telecoms and broadcasting network operations, enhance information and communication technologies to counteract the effects of the contingency measures and encourage preventive measures and avoid the spread of misleading information. This article examines these provisions in brief.

Three for one: austerity initiative to blend regulatory and antitrust institutions
SAI Law & Economics
  • Competition & Antitrust
  • Mexico
  • 16 July 2020

Senator Ricardo Monreal of the National Regeneration Party recently presented a reform initiative to amend Articles 27 and 28 of the Constitution to join (and extinguish) three state organs which he believes share certain powers and competencies – namely, the Federal Economic Competition Commission, the Federal Telecommunications Institute and the Energy Regulatory Commission. The resulting organ would be the National Institute of Markets and Competition for Welfare.

COFECE deemed to have jurisdiction to review Uber-Cornershop merger
SAI Law & Economics
  • Competition & Antitrust
  • Mexico
  • 25 June 2020

In November 2019 the Federal Economic Competition Commission (COFECE) and the Federal Telecommunications Institute asked the First Collegiate Court Specialised in Economic Competition, Broadcasting and Telecommunications to determine which authority has jurisdiction to review the merger of Uber and Cornershop. After a long procedure and delays owing to the COVID-19 pandemic, the specialised court recently ruled in favour of COFECE.

Positive aspects of arbitration during COVID-19 crisis
Becerril Coca & Becerril SC
  • Arbitration & ADR
  • Mexico
  • 18 June 2020

Since 11 March 2020 dispute resolution in Mexico has been significantly affected due to the COVID-19 crisis. In such exceptional circumstances, alternative dispute resolution has taken on greater importance, as it offers parties the chance to continue proceedings (with restrictions) as efficiently as possible without having to wait for the judicial branch to resume operations.