Competition & Antitrust
We have a team of specialists to advise our clients on all aspects of antitrust matters.
The Competition & Antitrust practice group at SMPS Legal provides its clients with advice in all areas of antitrust law. Our team is composed of specialized professionals and has in-depth knowledge of the Federal Economic Competition Law (FECL) that arises from the Constitutional reform of 2013, as well as the legislation prior to the reform, and the entire body of Competition & Antitrust regulation.
Our professional team has experience both in the public sector and private practice, which allows us to analyze each matter entrusted to us with a particularly comprehensive and strategic vision. We have experience advising companies in all industrial sectors; from the traditional ones to the new markets that have arisen from digital economies and that have led to new approaches of traditional concepts and innovative analysis in the matter.
Additionally, our professional team has experience handling proceedings with both competent authorities in Mexico: the Federal Economic Competition Commission (COFECE, for its acronym in Spanish) and the Federal Telecommunications Institute (IFT, for its acronym in Spanish) and has been involved in investigations, proceedings and iconic mergers, which have given rise to relevant precedents in the field.
We provide our clients with services customized to their needs. We seek to become a team with each of our clients and help them to operate their businesses efficiently, avoiding antitrust contingencies.
Our team specializes in providing the following services:
- Consulting: We provide consulting services in all matters related to antitrust legislation and regulation.
- Merger Notification: We advise our clients in pre-merger approval requests and notification of national and international mergers either on a voluntary or mandatory basis; as well as in the negotiation of conditions to obtain the authorization of the competition authority. We also advise on the opposition of concentrations by third parties. Our team has also handled overdue merger notifications and unlawful concentrations.
- Investigations for collusive or abuse of dominance conducts, conditions of effective competition, barriers to competition and essential inputs: We represent our clients in all types of investigations initiated by the competition authorities, including in the execution of dawn-raids, hearings and requests for information made by the competition authorities as part of their investigative tools. Our team has also experience in proceedings of effective competition conditions, and the special proceedings of barriers to competition and essential inputs that arise with the new FECL.
- Immunity programs: We represent our clients in the immunity and leniency program provided by the FECL for economic agents involved in collusive practices, in order to obtain the benefits granted by the FECL for our clients.
- Administrative proceedings: We represent and defend our clients in the administrative trial-like proceedings, in cases in which our clients are accused of being engage in anticompetitive conducts; as well as in special proceedings where the authority determines the existence of barriers to competition or essential inputs, as well as in proceedings of absence of effective competition conditions in a market.
- Constitutional litigation: We represent and defend our clients in constitutional litigation in antitrust matters before the specialized courts, once the competition authorities issue final determinations in their proceedings, that may affect the constitutional rights of our clients.
- Issuance of opinions: We represent our clients in obtaining favorable opinions to participate in bidding processes, tenders and concession applications and permits.
- Audits, compliance programs and training to key company officials: We advise our clients in the identification of risks and preparation of preventive codes, compliance programs and mitigation protocols. We provide training to executives with high exposure in making decisions that can create anti-trust contingencies. We conduct preventive audits in which we review business practices, regulations, and contracts to identify and mitigate potential risks in the day-to-day activities of companies in antitrust matters.