Competition

Vigorous competition between companies to win over consumers has shown to be the best mechanism to ensure that markets generate the maximum welfare for society. Though conditions have improved in recent years, Mexico’s highly concentrated markets and imperfect competition are increasingly recognized as one of the central causes of the country’s lackluster economic performance.

As a result of a series of legal and constitutional reforms, the Federal Economic Competition Commission (CFCE) now has investigative and fining powers in line with international best practices. This requires adjusting market practices and the nature of the relationship between the private and public sectors, and generally rethinking business’ traditional strategies vis-a-vis the enforcement of competition law in order to avoid significant risks to their operation.

Why Agon?

For more than a decade, our partners have participated in all of the decisions taken by the CFCE, integrated all the investigations and merger files, conducted the quasi-judicial process leading to adjudication and appeal, designed reforms to the law and implementing rules that are in place today, and shaped international best practices while integrating them into the CFCE’s decisionmaking.

In other words, Agon knows the rules and practice of competition like no other firm in Mexico. Our experience is irreplicable.

Our approach

At Agon, we understand competition policy’s new parameters: a renewed competition authority, strengthened with greater investigative and fining powers, and specialized courts capable of judging cases on the merits, far beyond simple formalistic review.

The timeworn way of basing client representation on confrontation and litigation over formalistic aspects, far from protecting clients, exposes them to the risk of ruinous fines, forced divestment of assets or lines of business, and even incarceration.

This is why Agon takes a proactive and preventive approach with authorities. We are equipped like no other firm to present substantive arguments that integrate robust economic analysis, to the highest international standards, with in-depth legal review, enriched by intimate knowledge of the law and procedural matters.

Agon offers a constructive dialogue with regulators, based on the merits of each case. We believe that this is the best way to offer our clients sustainable long-term solutions that avoid the economic and reputational damage that can result from not acting opportunely.

Services

Client representation

  • Filing of cases before the Federal Economic Competition Commission (CFCE) and the Federal Telecommunications Institute (IFT): mergers, complaints, responses to statements of objections, leniency program applications, oral hearings, and preparation of depositions
  • Negotiation of settlements, consent orders, and remedies before de CFCE and the IFT.
  • Preparation of technical and strategic opinions in competition cases.
  • Preparation of expert economic and competition opinions in administrative or judicial proceedings
  • Representation in individual or collective damages cases related to competition violations.

Prevention

  • Training and preventive audits to detect and minimize competition risks for firms.
  • Design and implementation of codes of conduct and competition compliance programs.
  • Prevention of competition liabilities derived from evolving criteria applied by the CFCE, the IFT or the Judicial Branch.

Promotion

  • Promotion of CFCE or IFT opinions and market studies in order to detect and resolve real or potential competition problems.
  • Promotion of interstate trade barrier cases and related constitutional challenges by the CFCE or the IFT.

Agon Abogados