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 concept of concentration is broadly defined in Article 61 as including any “merger, or acquisition of control or any other act whereby companies, partnerships, shares, equity, trusts or assets in general are concentrated among competitors, suppliers, customers or any other economic agent.”   …

Concept of concentration

  The concept of concentration is broadly defined in Article 61 as including any “merger, or acquisition of control or any other act whereby companies, partnerships, shares, equity, trusts or assets in general are concentrated among competitors, suppliers, customers or any other economic agent.”  

Under Article 86, pre-merger notification is mandatory where any one of three thresholds applies:

- the value of the transaction is equal to or greater than 18 million times the daily value of the Unit of Measurement and Indexing (unidades de medida y actualizacion - UMA) (US$ 74.4 million);

- the act or succession of acts giving rise to the concentration involve 35% or more of the assets or shares of an economic agent whose assets in Mexico or annual sales in Mexico account for more than the equivalent of 18 million daily UMAs (US$ 74.4 million).

- the act or succession of acts giving rise to the concentration involve an accumulation in Mexico of assets or share capital of more than the equivalent of 8.4 million daily UMAs (US$ 34.7 million) and two or more participating economic agents have holdings or annual sales volumes, either jointly or separately of more than 48 million daily UMAs (US$ 198.2 million).

The 2014 reform clearly specified that the value of the parties' assets taken into account in the notification thresholds are now limited to those held in the Mexican territory, while their global assets were previously also considered. 

If a transaction does not come within the notification thresholds, the possibility of a voluntary notification always exists. 

Thresholds

   Pursuant to Article 62 of the Act, the COFECE is required to control concentrations that have as their object or effect a negative effect on competition. Merger control is first carried out by defining the relevant market and by analyzing the extent of market power through use of the Herfindahl-Hirschman Index and the Dominance Index. Under Article 64, the COFECE must analyze whether:

- the transaction will allow the resulting entity to set prices unilaterally;

- the resulting entity can either displace other undertakings or interfere with their access to market;

- the object or effect of the operation is to facilitate the carrying out of monopolistic practices.

Global Competition Law

1107. Concept of concentration

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Les notions juridiques connexes

1107. Concept of concentration

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