Mexico (June 29, 2006)
Score = 24
Governed by: 1917 Constitution[1] (hereinafter referred to as “Constitution), Federal Law on Economic Competition (Federal Register) of December 24, 1992[2] (hereinafter referred to as “Competition Law”), Regulations of the Federal Law on Economic Competition of March 4, 1998[3] (hereinafter referred to as “Regulations”), and Federal Economic Competition Law of 28 June 2006.[4][5]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 3 of the Law says that the Law applies to any entity that participates in economic activities. |
| Remedies | Fines | 1 | Article 35 of the Law allows fining for incurring an monopoly. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 35 of the Law says that the Commission can order a total or partial dissolution of an illegally formed enterprise. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 30 of the Law says that proceedings can be initiated as a result of a complaint from an interested party. |
| Remedies Available to 3rd Parties | 1 | Article 38 of the Law says that injured parties can file suits for damages. | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 20 of the Law requires prior notification of mergers. | |
| Pre-merger | 2 | Article 20 of the Law requires prior notification of mergers. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | Article 16 of the Law prohibits mergers that have the purpose or effect of diminishing competition. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Article 15 of the Regulations requires taking into consideration efficiency gains when assessing a merger. | |
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | Article 11 of the Law prohibits relative market restraints by dominant undertakings. | |
| Price Setting | 1 | Article 7 of the Regulations prohibits price setting below market price. | |
| Discriminatory Pricing | 1 | Article 7 of the Regulations prohibits discriminatory pricing. | |
| Resale Price Maintenance | 1 | Article 10(II) of the Law prohibits RPM. | |
| Obstacles to Entry | 1 | Article 10 of the Law prohibits contracts or agreements with the purpose or effect of substantially impeding access of other agents to the market. | |
| Efficiency Defense | 1 | Article 6 of the Regulations allows the Commission to take into account any benefits to competition that may result from allowing prohibited activities in certain cases. | |
| Restrictive Trade Practices | Price Fixing | 1 | Article 9(I) of the Law prohibits price fixing. |
| Tying | 1 | Article 10(III) of the Law prohibits tying arrangements. | |
| Market Division | 1 | Article 9(III) of the Law prohibits market division. | |
| Output Restraint | 1 | Article 9(II) of the Law prohibits output restraint. | |
| Market Sharing | 1 | Article 10(I) of the Law prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 10 of the Law prohibits agreements with the purpose or effect of driving other agents from the market. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 9(IV) of the Law prohibits bid rigging. | |
| Supply Refusal | 1 | Article 10(V) of the Law prohibits supply refusals. | |
| Efficiency Defense | 1 | Article 6 of the Regulations allows the Commission to take into account any benefits to competition that may result from allowing prohibited activities in certain cases. |
References
- ↑ http://www.globalcompetitionforum.org/regions/n_america/Mexico/POLITICAL%20CONSTITUTION%20OF%20THE%20UNITED%20MEXICAN%20STATES.pdf
- ↑ http://www.apeccp.org.tw/doc/Mexico/Competition/mxcom1.html
- ↑ http://www.sice.oas.org/compol/natleg/Mexico/reglae.asp
- ↑ http://www.cfc.gob.mx/english/index.php?option=com_content&task=blogcategory&id=180&Itemid=296%5D
- ↑ The 2006 Amendments do not change the scoring for this report.