Issue 130–May 2015

May 8, 2015

Theory of Punitive Damages in Mexico

By Armando Quintana Freg

Due to the constitutional reform published in the Official Journal of the Federation on June 10, 2011, the protection of human rights was expanded, through the “Pro Homine” principle, to include provisions which require that international treaties be observed when they result in a favorable outcome. The foregoing applies despite the fact that prior to such reform, article 133 of the Constitution already incorporated the provisions of the treaties to which Mexico was a party under Mexican law. One of the international agreements that is of significant importance in this area is the American Convention on Human Rights, also known as the Pact of San Jose. Article 63 of said convention establishes the fundamental right to “total reparation” or “fair … read more

May 7, 2015

Industrial Security and Environmental Protection in the Hydrocarbons Sector

By Jose Maria Lujambio I.

One of the most important developments that the energy reform has brought to Mexican law is the creation of a new institution known as the National Agency for Industrial Security and Environmental Protection in the hydrocarbons sector. Due to its lengthy name, in April 2015, it was announced that such agency will be officially identified as the Security, Energy and Environment Agency (ASEA for its Spanish acronym). The constitutional reform of December 2013 ordered Congress to create a decentralized agency of the Department of the Environment and Natural Resources (SEMARNAT for its Spanish acronym), with technical and administrative autonomy, and a certain degree of budget autonomy. Contrary to the National Commission of Hydrocarbons (CNH for its Spanish acronym) and the … read more

COFECE Draft guide on Notifying Economic Concentrations Opened to Public Comment

On April 22, 2014, Mexico’s Antitrust Commission (COFECE for its Spanish acronym) published an Excerpt of the First Draft of the Guide to Notify Economic Concentrations in the Official Journal of the Federation. The Technical Secretary provides notice of the commencement of the period for public comment for 30 business days after the date of publication so that interested person may present their comments to the draft to COFECE. The purpose of the Guide is to clearly explain the concepts, regulations and procedures associated with the notification of economic concentrations and, in effect, to facilitate the process of said procedures for notifying economic agents. The Guide is important because it is the first one to be published under the terms … read more

Relevant Aspects and Current Situation of Pemex Following the Implementation of the Energy Reform
By Antonio Franck

In the midst of Mexico’s implementation of the energy reform, and the complicated situation with the fall of oil prices, the internal restructure and the development of investment projects by Petróleos Mexicanos (Pemex) remains at a halt. For the past several months, the private sector has drawn up new strategies and alliances in search of opportunities for investments due to the opening of the sector, while preparing to compete for the best technical tools and financial strategies. Pemex appears to be facing the competition alone and is also faced with converting itself into a productive state entity. Its biggest challenges are the following: (i) a lack of clear investment objectives; (ii) financial debt and employment liabilities such as pensions and … read more