Mexico

COFECE is an autonomous constitutional body overseeing competition in all sectors except broadcasting and telecommunications, where the IFT has concurrent jurisdiction.

Absolute monopolistic practices (Article 53 LFCE) include price-fixing, output restriction, market allocation, and bid-rigging. These are per se illegal with no efficiency defence.

Relative monopolistic practices (Articles 54-56 LFCE) cover vertical restraints including resale price maintenance, exclusive dealing, and tying, assessed under a rule-of-reason approach requiring market power.

Relative monopolistic practices also address unilateral abusive conduct by firms with substantial market power, including predatory pricing, refusal to deal, and discrimination.

Mandatory pre-merger notification for transactions exceeding turnover thresholds (approximately MXN 2.1 billion combined or MXN 984 million for the target). COFECE may block, conditionally approve, or approve transactions.

Immunity programme available for the first applicant in absolute monopolistic practices. Subsequent applicants may receive reduced fines of up to 50%.

COFECE may accept commitments in relative monopolistic practice cases and merger proceedings. No formal settlement procedure for absolute practices (cartels).

Fines up to 10% of annual revenue for absolute practices; up to 8% for relative practices. Individuals may face criminal sanctions for cartels (3-10 years imprisonment). Barriers to competition carry fines up to 4% of revenue.

No dedicated digital markets legislation. COFECE has investigated digital platforms and issued market studies on digital markets, fintech, and e-commerce.

IFT has competition jurisdiction in telecom and broadcasting. CRE (energy), CNBV (financial), and other regulators interact with COFECE on sector-specific competition matters.

COFECE has powers to conduct dawn raids (verification visits), require production of documents, summon witnesses, and seize evidence during cartel investigations.

Private damages actions are available after a final COFECE or IFT finding (follow-on actions). No stand-alone private actions for competition violations. Class actions are theoretically available.

Bilateral cooperation agreements with the US, EU, and other jurisdictions. Active participant in ICN and OECD Competition Committee. USMCA contains competition provisions.

Active cartel enforcement (pharmaceuticals, auto parts, gas stations). Increasing focus on digital markets. Market studies in financial services, agri-food, and fuel sectors. COFECE institutional independence under political scrutiny.