Plenary of the Federal Antitrust Commission issues the Concentrations Notification Guidelines

On April 8, 2021, it was published in the Federal Official Gazette (DOF) the Agreement by means of which the Plenary of the Federal Antitrust Commission (COFECE) issued the Concentrations Notification Guidelines, understood, in terms of the provisions of Article 61 of the Federal Antitrust Law, as a merger, acquisition of control, or any other act by means of which companies, associations, stock, partnership interest, trusts or assets in general are consolidated, and which is carried out among competitors, suppliers, customers or any other economic agent.

The aforementioned guide has been issued in exercise of COFECE’s powers under the Federal Antitrust Law to issue directives, guides, guidelines and technical criteria, after public consultation on concentration matters, and under Article 5 of the Organic Statute of the authority, which provides for its power to issue directives, guides, guidelines and technical criteria for the effective fulfillment of its powers.

Considering that the Concentrations Notification Guidelines was originally issued on October 9, 2015, that it was modified on April 20, 2017 and that, in terms of the applicable law the guidelines, guides, guidelines and technical criteria must be reviewed at least every five years, it is that the authority has issued and published the relevant guide having complied with the public consultation procedure as indicated by the legal text.

The Guide, which can be consulted at this link, provides information and an explanation of the concepts, regulations and procedures associated with the notification of concentrations, with the purpose of facilitating the processing of this procedure to economic agents and reflects the operative practice currently followed by COFECE in the processing of a concentration notification.

If you would like to know more details about the aforementioned Guide, please do not hesitate to contact us.

Yours sincerely,

Cannizzo, Ortiz y Asociados, S.C.