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

12 Pages Posted: 4 Mar 2014 Last revised: 5 Mar 2014

See all articles by Anne Perrot

Anne Perrot

Université Paris I Panthéon-Sorbonne

Assimakis Komninos

White & Case LLP

Date Written: March 3, 2014

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.

Keywords: Mexican competition law; barriers to entry; market investigations; barriers to competition

JEL Classification: K21

Suggested Citation

Perrot, Anne and Komninos, Assimakis, Mexico’s Proposed Reform of Competition Law A Critique from Europe (March 3, 2014). Available at SSRN: https://ssrn.com/abstract=2404022 or http://dx.doi.org/10.2139/ssrn.2404022

Anne Perrot

Université Paris I Panthéon-Sorbonne ( email )

12 place du Panthéon
Paris, 75005
France

Assimakis Komninos (Contact Author)

White & Case LLP ( email )

Rue de la Loi 62
Brussels
Belgium

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