On June 30, 2025, the Mexican Congress approved a Decree amending several structural provisions of the Federal Economic Competition Law. The most relevant changes are described below:
– Creation of the National Antitrust Commission (“CNA”): The new competition authority will be under the authority of the Ministry of Economy and will replace the Federal Economic Competition Commission (“COFECE”) in all its functions.
– Lowered thresholds for merger control filings: The monetary merger control thresholds that determine if a filing is triggered in Mexico are reduced, thereby increasing the chances that a transaction requires to seek authorization from the CNA.
– Enhancement of powers: The CNA will have broader powers than COFECE, with increased investigation tools and will assume jurisdiction over the telecommunication and broadcasting sectors, including the authority for the issuance of guidelines and regulations for such sector.
– Reduction of procedural timeframes: The authority’s timeframes to conclude investigations, issue opinions and to resolve merger control cases are shortened.
– Increased fines and sanctions: Monetary penalties for anticompetitive conducts are increased significantly.
– Class actions: The amendment facilitates collective actions by individuals affected by monopolistic practices allowing them to seek damages. Such actions may be initiated as soon as the CNA issues its resolution, without the need for the resolution to become final.
– Leniency and fine reduction program: The amendment introduces stricter conditions under which economic agents may qualify for reduced fines when cooperating with the authority in investigations of monopolistic practices.
– Entry into force and transitional provisions: The new law will become effective the day after its publication in the Official Gazette, expected within the coming days. As of its effective date, all ongoing investigations will be suspended until the new Plenum of the CNA is formally appointed. Ongoing proceedings will be processed, cleared and sanctioned in accordance with the law in force at the time they were initiated.
For more information about the reform, we invite you to read this client alert.
If you have any questions, please feel free to contact Luis Gerardo García, Mauricio Serralde, Carlos Mena and Jorge Kargl at:
Tel: (52-55) 4748-0600