The Comisión Federal de Competencia's new guidelines
clarify notification requirements for joint ventures and the
"failing firm" defense.
Newly revised merger control guidelines ("Guidelines")
from the Comisión Federal de Competencia
("COFECE"), Mexico's competition law authority,
clarify when parties to joint ventures or collaborations
("JVs") must report those transactions to COFECE. The
Guidelines provide much needed guidance about JV notification
obligations and narrow the types of JVs that parties must report.
The Guidelines also incorporate a "failing firm" defense
and a number of technical changes to Mexico's notification
requirements.
Mexico requires parties to certain "concentrations" to
report those transactions to COFECE prior to closing. Mexican law
defines concentrations to include mergers, acquisitions, or
"any act by virtue of which companies, associations, shares,
social shares, trusts or assets in general that is carried out
between competitors,
