{"id":26738,"date":"2025-10-15T14:18:31","date_gmt":"2025-10-15T14:18:31","guid":{"rendered":"https:\/\/basham.com.mx\/?p=26738"},"modified":"2025-10-15T14:24:16","modified_gmt":"2025-10-15T14:24:16","slug":"the-new-national-antitrust-commission-cna-is-created-institutional-and-regulatory-implications-for-the-private-sector","status":"publish","type":"post","link":"https:\/\/basham.com.mx\/en\/the-new-national-antitrust-commission-cna-is-created-institutional-and-regulatory-implications-for-the-private-sector\/","title":{"rendered":"The new National Antitrust Commission (CNA) is created: institutional and regulatory implications for the private sector."},"content":{"rendered":"

October 14, 2025<\/em><\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

oday, the Board of the National Antitrust Commission (CNA by its Spanish acronym) was formally constituted, following the Senate\u2019s ratification and the swearing-in of the individuals appointed by the Head of the Federal Executive.
This marks the completion of the process stemming from the constitutional reform on economic competition and the amendment to the Federal Economic Competition Law (LFCE by its Spanish acronym), which dissolved the Federal Economic Competition Commission (COFECE by its Spanish acronym) and transferred its powers, along with those of the Federal Telecommunications Institute (IFT by its Spanish acronym) in competition matters, to the new body. You may consult our analysis here.<\/p>\n\n\n\n

The CNA will act as the new authority in matters of economic competition and is established as a decentralized public entity within the Ministry of Economy, with management autonomy and technical and operational independence in its decisions, organization, and functioning.<\/p>\n\n\n\n

Integration of the Board and profiles of the new Commissioners<\/strong>
On October 7, 2025, President Claudia Sheinbaum submitted to the Senate for ratification the proposed appointments of five commissioners for the initial integration of the CNA\u2019s Board. Following their respective appearances before the Senate, the following individuals were approved:<\/p>\n\n\n\n

Commissioner<\/th>Professional Background<\/th>Term of Appointment<\/th><\/tr><\/thead>
Andrea Marv\u00e1n Saltiel<\/td>Attorney from Universidad Iberoamericana and Master of Laws (LL.M.) from the University of Chicago. Former Chairwoman and General Director for Competition Advocacy at COFECE.<\/td>2025\u20132028<\/td><\/tr>
Ana Mar\u00eda Res\u00e9ndiz Mora<\/td>Economist from UNAM and Master in Economics from El Colegio de M\u00e9xico and Georgetown University, Washington, D.C. Former Commissioner at COFECE and advisor to the Board of the IFT.<\/td>2025\u20132029<\/td><\/tr>
\u00d3scar Alejandro G\u00f3mez Romero<\/td>Economist from UNAM and Master in Economics from El Colegio de M\u00e9xico. Former official at the Ministry of Economy, CONAMER, and COFECE.<\/td>2025\u20132030<\/td><\/tr>
Ricardo Salgado Perrilliat<\/td>Attorney from Universidad La Salle, Master of Laws from Universidad Humanitas, and Ph.D. candidate at Universidad Panamericana. Former Head of the Investigative Authority at the IFT and General Director for Litigation Affairs at the former COFECO.<\/td>2025\u20132031<\/td><\/tr>
Haydee Soledad Arag\u00f3n Mart\u00ednez<\/td>Sociologist and Master in Social Studies from Universidad Aut\u00f3noma Metropolitana; Ph.D. from El Colegio de M\u00e9xico. Former Mexico City\u2019s Secretary of Labor and Employment and Advisor on Labor Reform to the Presidency of Mexico City\u2019s Superior Court of Justice.<\/td>2025\u20132032<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

The Board of the CNA will be deemed formally constituted once Mexico\u2019s President appoints the individual who will serve as Chairperson Commissioner, which must occur within a period not exceeding ten calendar days.<\/p>\n\n\n\n

Institutional Transition and Regulatory Implications<\/strong>
The day after the formal integration of the CNA\u2019s Board, the following actions must take place:<\/p>\n\n\n\n

    \n
  1. Issuance of the Organic Statute and the LFCE Regulations.<\/strong>
    Within a maximum period of 180 calendar days, the CNA must issue both its Organic Statute and the regulations to the LFCE, which will define its internal structure and the division of functions between its investigative and decision-making branches, among other matters.<\/li>\n\n\n\n
  2. Resumption of ongoing investigations.<\/strong>
    Investigations previously conducted by COFECE and the IFT that were in progress will resume the day after the CNA\u2019s Plenary is formally integrated.<\/li>\n\n\n\n
  3. Appointment of the Head of the Investigative Authority.<\/strong>
    Although the amendment to the LFCE provides that COFECE\u2019s head of the Investigative Authority will continue in office within the CNA for the remainder of their term, this term expired in September 2025. As a result, the CNA Board must appoint or confirm the person who will occupy this position.<\/li>\n\n\n\n
  4. Merger control under new thresholds.<\/strong>
    Merger notification thresholds have been lowered, meaning that transactions previously exempt from notification may now be subject to CNA\u2019s review.<\/li>\n\n\n\n
  5. New powers over telecommunications and broadcasting.<\/strong>
    The CNA will assume all rights, obligations, and powers previously held by the IFT in connection with competition matters, including those related to preponderance and cross-ownership.<\/li>\n\n\n\n
  6. Certification of compliance programs.<\/strong>
    In the coming months, the CNA is expected to publish the criteria and requirements for the official certification of compliance programs, which may serve as mitigating factors in the event of violations of the LFCE.<\/li>\n\n\n\n
  7. Administrative transition.<\/strong>
    All personnel, case files, resources, and pending matters from COFECE will be transferred to the CNA. Proceedings that were initiated before the entry into force of the LFCE reform will continue to be resolved in accordance with the legal framework in place at the time of their commencement.<\/li>\n<\/ol>\n\n\n\n

    <\/p>\n\n\n\n

    Opportunities for the private sector<\/strong>
    The creation of the CNA and the amendment to the LFCE present new opportunities for the private sector. Regulatory unification under a single agency eliminates jurisdictional conflicts that previously existed between COFECE and IFT, allowing for greater institutional consistency. In addition, the reduction in the duration of various procedures offers enhanced procedural efficiency. Finally, the establishment of a formal compliance program certification framework creates a valuable opportunity to strengthen corporate compliance culture and enhance risk prevention efforts within companies.<\/p>\n\n\n\n

    Conclusions<\/strong>
    The creation of the CNA represents a significant shift in Mexico\u2019s competition law framework. With higher sanctions, expanded investigative powers, lower merger notification thresholds, and the implementation of certified compliance programs, companies will need to anticipate and adjust their compliance and defense strategies to align with the new regulatory environment.<\/p>\n\n\n\n

    At Basham, Ringe y Correa, we have a highly specialized antitrust team with experience in the public and private sectors, which provides comprehensive and strategic advice on this new regulatory framework, including merger notifications, representation before the antitrust authority during investigations and proceedings, risk analysis and audits, and the design of strategies related to leniency, commitment, and compliance programs.is and audits, design of strategies related to leniency programs, commitment and compliance programs.<\/p>\n\n\n\n

    SINCERELY,<\/strong><\/p>\n\n\n\n

    Am\u00edlcar Peredo, Partner<\/p>\n\n\n\n

    peredo@basham.com.mx<\/a><\/p>\n\n\n\n

    Gustavo Gonz\u00e1lez, Senior Associate<\/p>\n\n\n\n

    gagonzalez@basham.com.mx<\/a><\/p>\n\n\n\n

    Le\u00f3n Jim\u00e9nez, Senior Associate<\/p>\n\n\n\n

    ljimenez@basham.com.mx<\/a><\/p>\n\n\n\n

    F\u00e1tima Santamar\u00eda, Junior Associate<\/p>\n\n\n\n

    fsantamaria@basham.com.mx<\/a><\/p>\n\n\n\n

    <\/p>","protected":false},"excerpt":{"rendered":"

    October 14, 2025 oday, the Board of the National Antitrust Commission (CNA by its Spanish acronym) was formally constituted, following the Senate\u2019s ratification and the swearing-in of the individuals appointed by the Head of the Federal Executive.This marks the completion of the process stemming from the constitutional reform on economic competition and the amendment to […]<\/p>","protected":false},"author":19,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_crdt_document":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-26738","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/basham.com.mx\/en\/wp-json\/wp\/v2\/posts\/26738","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/basham.com.mx\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/basham.com.mx\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/basham.com.mx\/en\/wp-json\/wp\/v2\/users\/19"}],"replies":[{"embeddable":true,"href":"https:\/\/basham.com.mx\/en\/wp-json\/wp\/v2\/comments?post=26738"}],"version-history":[{"count":3,"href":"https:\/\/basham.com.mx\/en\/wp-json\/wp\/v2\/posts\/26738\/revisions"}],"predecessor-version":[{"id":26743,"href":"https:\/\/basham.com.mx\/en\/wp-json\/wp\/v2\/posts\/26738\/revisions\/26743"}],"wp:attachment":[{"href":"https:\/\/basham.com.mx\/en\/wp-json\/wp\/v2\/media?parent=26738"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/basham.com.mx\/en\/wp-json\/wp\/v2\/categories?post=26738"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/basham.com.mx\/en\/wp-json\/wp\/v2\/tags?post=26738"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}