Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The Federal Competition Commission (FCC), an administrative agency depending on the Ministry of Economy, was created in 1993 by virtue of Article 23 of the Federal Law on Economic Competition, in order to investigate and adjudicate violations of the Act. Following the June 2013 constitutional reform, it was replaced by the Federal Economic Competition Commission (COFECE), which gained the status o …

The Federal Economic Competition Commission - COFECE (Comisión Federal de Competencia Económica)

The Federal Competition Commission (FCC), an administrative agency depending on the Ministry of Economy, was created in 1993 by virtue of Article 23 of the Federal Law on Economic Competition, in order to investigate and adjudicate violations of the Act. Following the June 2013 constitutional reform, it was replaced by the Federal Economic Competition Commission (COFECE), which gained the status of a constitutional entity enjoying full autonomy vis-a-vis the Ministry of Economy.

It is composed of the President, the Pleno and seven General Directions. The Pleno consists of seven commissioners (five previously), including the President, appointed by the President and the Senate. Commissioners must be Mexican citizens with a distinguished professional record in a relevant field. Commissioners are appointed for a nine-year term and may be removed only for a duly justified serious reason. The Pleno rules on the cases submitted to it by the other departments making up the COFECE.

The COFECE's Organic Statute was published on 19 September 2013.

On 20 December 2024, Mexico enacted a constitutional reform dissolving the autonomous Federal Economic Competition Commission (COFECE) and establishing the National Antimonopoly Commission (CNA), a decentralized agency under the Ministry of Economy. The CNA is endowed with legal personality, own assets, and technical and operational independence. It will be governed by a five-member body appointed by the executive and ratified by the senate. The reform mandates a clear separation between investigative and adjudicative functions. The COFECE will continue its operations until 180 days after the enactment of the necessary secondary legislation, which, as of now, remains pending.

Article 134 of the Act provides that the victims of monopolistic practices or having suffered loss in relation to an unlawful merger may file an action before the courts specialized in competition matters until the COFECE has made a decision. The statute of limitations for taking action is suspended where the COFECE decides to launch an investigation. Finally, Section 134 specifies that a COFECE decision ruling on the unlawfulness of the behavior establishes the proof of the unlawful act before the civil courts.

Global Competition Law

1097. The Federal Economic Competition Commission - COFECE (Comisión Federal de Competencia Económica)

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Les notions juridiques connexes

1097. The Federal Economic Competition Commission - COFECE (Comisión Federal de Competencia Económica)

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise