Mexico’s Proposed Reform of Competition Law A Critique from Europe
12 Pages Posted: 4 Mar 2014 Last revised: 5 Mar 2014
Date Written: March 3, 2014
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.
Keywords: Mexican competition law; barriers to entry; market investigations; barriers to competition
JEL Classification: K21
Suggested Citation: Suggested Citation