December 19, 2025
On December 19, 2025, ruling CNA-068-2025 was published in the Official Gazette of the Federation, pursuant to which the National Antitrust Commission (the “CNA” or the “Commission”) established new fees for the services it provides, including the review of concentrations. The ruling entered into force on the date of its publication.
The new fees represent a significant increase, of up to 2,327%, in the cost of the filing for economic agents and replace the prior framework set forth in the Federal Fee Act with a fee for service compensation model.
According to the Commission, the methodology used to establish the new fees is based on four key elements: a comparison with international practices; the CNA’s costs in providing the relevant services; a 15% sustainability factor; and a tiered structure defined on the basis of statistical criteria.
Under the new model, fees are determined based on the Estimated Maximum Value (EMV) of each transaction in Mexico, adopting a tiered fee structure that starts from a base fee and varies depending on the value of the transaction. Accordingly, depending on the range in which the EMV falls, one of the following fees will apply:
| Ranges | EMV | Fee (MX) | Approx. Fee in USD (excluding VAT) | |
| Lower Limit (MX) | Upper Limit (MX) | |||
| 1 | $0.00 | $1,810,240,000.00 | $882,158.00 | $49,010.00 |
| 2 | $1,810,240,001.00 | $3,929,008,334.00 | $1,925,214.00 | $107,080.00 |
| 3 | $3,929,008,335.00 | $6,047,776,669.00 | $3,507,710.00 | $195,102.00 |
| 4 | $6,047,776,670.00 | $8,166,545,003.00 | $4,736,596.00 | $263,461.00 |
| 5 | $8,166,545,004.00 | Onward | $6,015,098.00 | $334,683.00 |
Value Added Tax (VAT) shall be added to these fees in accordance with the applicable legislation.
In addition to establishing the new fee structure, the ruling introduces specific obligations for economic agents notifying concentration operations. Among these, particular emphasis is placed on the obligation to accurately estimate the EMV and to justify such estimate from the outset of the procedure, under oath and subject to penalties for false statements.
If the Commission detects discrepancies between the declared VME and the information available in the file, it may request clarifications from the parties. If it is confirmed that a lower fee than the applicable one was paid, the notifying parties shall cover the difference, together with the updates and surcharges provided for in the Federal Fiscal Code. It is important to note that no refund shall apply if the final value of the transaction turns out to be lower than the VME originally declared.
Likewise, upon evidencing the closing of the transaction, the notifying parties must submit updated information allowing for the calculation of the final transaction value, taking as reference the highest valuation criterion in accordance with the applicable regulations. If the final value exceeds the value initially declared, the parties shall be required to pay the corresponding difference. These provisions strengthen the new operational framework arising from the recent constitutional and statutory reforms in the area of economic competition.
At Basham, Ringe y Correa, we have a specialized Antitrust team that provides strategic advice and comprehensive support at each stage of the proceedings before the authority.
Sincerely,
Amílcar Peredo
León Jiménez
Gustavo González