Ciudad de México, a 28 de julio de 2025
On July 16, 2025, the decree amending several provisions of the Federal Economic Competition Law (the “FECL”) was published in the Official Gazette of the Federation the main modification being the disappearance of the Federal Economic Competition Commission (“COFECE”) as a constitutionally autonomous body and the creation of the National Antitrust Commission (“NAC”) as a decentralized public agency of the Federal Public Administration under the Ministry of Economy (the “Amendment”).
In this sense, the note presents bullets summarizing the relevant aspects of the Amendment considering that the NAC (i) assumes all the tasks and resources (including digital platforms) of COFECE and the Federal Institute of Telecommunications in antitrust matters and (ii) will take over the direction of antitrust policy in Mexico as soon as all the members of the NAC’s board have been ratified.
It is important to clarify that (i) the impact of the Amendment on the Mexican Real Estate Market was significantly mitigated by the elimination of the previously proposed pre-merger filing obligation regarding the execution of any joint venture, regardless if the notification thresholds were; and (ii) the Amendment does not imply a breach of the provisions of the United States-Mexico-Canada Agreement (USMCA).