Mexicoos Proposed Reform of Competition Law A Critique from Europe

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 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.