Merger Control

We assess if the thresholds that determine the obligation to notify the transaction in Mexico are triggered, whenever the transaction takes place within the territory or abroad, and we represent our clients before the Federal Economic Competition Commission or the Federal Telecommunications Institute in the corresponding procedures. We prepare all the documents required, which include the initial filing, the answers to information requests, the offers of undertakings and efficiency gains writs; and we hold the necessary meetings with the commissioners and other officials involved in the analysis of the case.

We also assess and represent economic agents who may be affected by concentrations undertaken by third parties that damage the competition process, by cooperating with the authorities and providing information and arguments to sustain an objection of the transaction.

It is important to mention that, although the affected may assist the authority in these proceedings, the law does not recognize them as parties to the procedure nor the right to challenge the decision.

An illegal concentration and a non-notifiable concentration involve 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 mandatory notification.

In the case of non-notifiable concentrations, we analyze the legality of the concentration and the convenience of making a voluntary filing, in order to achieve certainty regarding the possibilities of future objections to the concentration.