Issue 134-April 2016

April 18, 2016

Recent Jurisprudence – Variables to Consider in Determining Whether Substantial Power Exists in a Relevant Market, by Adrián Salgado

The First Collegiate Court of the Circuit on Administrative Matters Specializing in Economic Competition, Broadcasting and Telecommunications, located in Mexico City, with jurisdiction throughout Mexico, recently issued legal opinion number 1.1o.A.E. 123 A (10a.), titled: “Substantial Power in a relevant market. Variables that should be considered in order to determine such”. In its legal opinion, the Collegiate Court held that “the analysis of the substantial power in a relevant market cannot be performed in abstract terms, under a perfect perspective”, considering that when consumers do not perceive the existing products and services as perfect substitutes, under real conditions, the various economic agents have a certain amount of power. Based on the foregoing, the Court determined that it is necessary to … read more

April 18, 2016

Trans-Pacific Partnership (TPP): The Most Important Multilateral Trade Agreement to Mexico, By Edmundo Elías-Fernández

On February 4, 2016, the Secretary of Economy of Mexico, Ildefonso Guajardo Villarreal, signed the Trans-Pacific Partnership, also known as the TPP, in Auckland, New Zealand, along with the Ministers of Commerce of the other 11 countries that make up the TPP: Australia, Brunei Darussalam, Canada, Chile, the United States of America, Japan, Malaysia, New Zealand, Peru, Singapore and Vietnam.   As established in the preamble of the TPP, this is a multilateral agreement that has been negotiated to promote economic integration, liberalize trade and investment, strengthen the competitiveness of businesses in global markets, support the growth and development of micro, small and medium-sized enterprises, facilitate regional trade by promoting efficient customs procedures, promote high levels of environmental protection, and … read more

New Steps toward Opening the Fuels Market, by José María Lujambio

On February 23, 2016, the Department of Energy (“SENER”) published in the Official Journal of the Federation (“DOF”) a notice informing that, as of April 1, 2016, it will be able to grant permits for the importation of gasoline and diesel to any interested party who fulfills the applicable legal requirements. Therefore, parties will not have to wait until January 1, 2017, which was the date originally set forth for such purposes in the fourteenth transitory article of Mexico’s Hydrocarbons Law.    This policy measure is justified by the SENER considering that it will promote free competition by eliminating restrictions on the current supply model; it will offer consumers access to prices below the maximums, particularly along the border; and … read more

The Importance of Having Proper Documentation during Work Place Inspections, by Pablo Sáenz

The Department of Labor and Social Welfare (“STPS” for its Spanish acronym) schedules annual inspections for all companies in Mexico.  The purposes of inspections may vary; however, they are mainly performed to review general labor conditions, safety, health and environmental work conditions as applicable to each company.  During the performance of such inspections, the STPS inspectors request various documents from the company to confirm compliance with legal requirements established by the Federal Labor Law, the Federal Regulations on Safety, Health and Environmental Work Conditions and the various Official Mexican Standards (“NOMs” for their Spanish acronym) issued by the STPS.  The following is a list of some of the main items that are subject to inspection: I. General Work Conditions: a) … read more