A PYMNTS Company

Mexico’s Proposed Reform of Competition Law A Critique from Europe

By  |  March 6, 2014

Posted by Social Science Research Network

Mexico’s Proposed Reform of Competition Law A Critique from Europe – Anne Perrot (Université Paris 1 Panthéon-Sorbonne) and Assimakis Komninos (University College London, Department of Law)

ABSTRACT: On 19 February 2014, sweeping amendments to the Mexican Competition Act were presented, which include a number of problematic elements. Most alarmingly, the proposals refer to a newly introduced concept of “barriers to competition” and would make it a violation of competition law to create a “barrier to competition”. They also intend to empower the Mexican competition authority to carry out market investigations leading potentially to behavioural and/or structural measures. The applicable test is again “barriers to competition”, which is a flawed concept and would harm both competition on the merits and consumer welfare in Mexico, if adopted.