July 17, 2025
On July 16, 2025, the Executive branch published in Mexico´s Official Gazette the Decree amending, adding and repealing several provisions of the Federal Economic Competition Law[1], thereby bringing the reform into effect on July 17, 2025.
This means that, as of July 17, 2025, the terms of all investigation proceedings conducted by the Investigating Authority of Comision Federal de Competencia Económica (COFECE) and the Instituto Federal de Telecomunicaciones (IFT) are suspended until the day after the new Board is formally constituted.[2]
Following the publication, the President must appoint the members of the Board of the new Comisión Nacional Antimonopolio (CNA), subject to ratification of the Senate. Until such Board is constituted, COFECE will continue to operate in accordance with the regulations in force prior to the entry into force of the Amendment Decree.
The remaining proceedings initiated by COFECE and the IFT (limited to matters of economic competition, preponderance and cross-ownership), —other than the investigations conducted by the Investigating Authority— will continue to be processed under the legislation in force at the time of their initiation. This includes, among others, trial-like proceedings, merger notifications and review procedures.
This amendment includes among its most relevant changes, the creation of the CNA, the increase of certain sanctions, the lowering of thresholds for merger notification, the recognition of compliance programs as mitigating factors, and the establishment of a procedure to protect attorney-client communications.[3]
At Basham, Ringe y Correa, we have a highly specialized antitrust team with experience in the public and private sector, which provides comprehensive and strategic advice in this new regulatory reality, including merger notification, representation before the antitrust authority during investigations and proceedings, risk analysis and audits, design of strategies related to leniency programs, commitment and compliance programs.
Sincerely,
Amílcar Peredo, Partner,
Gustavo González, Senior Associate
León Jiménez, Senior Associate
Fátima Santamaría, Junior Associate
[1] DOF – Diario Oficial de la Federación
[2] Both Investigative Authorities must publish a resolution identifying the suspended case files within 10 calendar days following the entry into force of the Decree.
[3] For further details on the content of the reform, see: The Mexican Congress approves the reform of the Federal Economic Competition Law: key points to understand it. – BASHAM