Merger Control Thresholds
As of February 1st, 2024, merger control thresholds pursuant to the Federal Economic Competition Law have been adjusted. The new thresholds are the following1 :
I. If the transaction or series of transactions, regardless of the place of execution, represent, within Mexico, directly or indirectly, a value greater than MXN$1,954.26 million pesos (approximately USD$114.95 million and EUR€105.63 million); and/or
II. If the transaction or series of transactions result in the acquisition/accumulation of 35% or more of the assets or shares of an economic agent whose total assets or annual sales located/originated in Mexico are worth more than MXN$1,954.26 million pesos (approximately USD$114.95 million and EUR€105.63 million); and/or
III. If the transaction or series of transactions result in (1) an acquisition/accumulation within Mexico of assets or capital stock in excess of MXN$911.988 million pesos (approximately USD$53.64 million and EUR€49.29 million), and (2) the assets located in Mexico or annual sales originated in Mexico of all of the economic agents involved in the concentration (seller, purchaser and target), jointly or separately, are worth more than MXN$5,211.36 million pesos (approximately USD$306.55 million and EUR€281.69 million).
Filing Fees
As of January 1st, 2024, filing fees with COFECE amount to MXN$237,058 (approximately USD$13,945 dollars and EUR€12,814 euros).
There are no filing fees for merger control filings with the Federal Institute of Telecommunications.
For more information, please feel free to contact Luis Gerardo García, Mauricio Serralde, Carlos Mena and Jorge Kargl at:
Tel: (52-55) 4748-0600
luis.garcia@creel.mx
mauricio.serralde@creel.mx
carlos.mena@creel.mx
jorge.kargl@creel.mx
1Considering an exchange rate of MXN$17 per USD, and MXN$18.5 per EUR.