Notification of concentrations
We evaluate whether there is an obligation to notify the concentration in Mexico, whether it derives from a domestic or international transaction, and we advise and represent our clients throughout the procedure before the Federal Commission of Economic Competition and the Federal Institute of Telecommunications, which includes the preparation of the notification brief and, if applicable, the briefs for the release of information requirements, the offer of conditions and/or statements in favor of the transaction and the accreditation of efficiency gains, as well as the necessary steps before the commissioners and other officials involved in the analysis of the concentration.
Opposition to Third Party Concentrations
We also advise and represent those affected by concentrations of third parties that damage the competition process, assisting the authority by providing information and arguments necessary to support the objection of the transaction.
It is important to mention that, although those affected may assist the authority in these proceedings, the law does not recognize them as parties or the right to challenge the decision.
An unlawful concentration and a non-notifiable one are very different situations. The former is one which has the object or effect of hindering, diminishing, harming or preventing free competition or economic competition, while the latter is one which does not meet the thresholds for compulsory notification.
In the case of non-notifiable concentrations, we analyze the legality of the concentration and the convenience of making a voluntary notification, in order to achieve greater certainty as to the possibilities of future objections to the concentration.