MEXICO Law and Practice Contributed by: Agustín Aguilar López, Carlos García Cueva, Claudio Catalán Arvide and Joana Karime Novia Ibarra, Aziz & Kaye Business Law
1.2 Recent Developments In amparo trials challenging antitrust enforcement, courts in Mexico have traditionally deferred to the competition agency, often avoiding substantive review. This has limited the development of antitrust jurisprudence. When rulings favour private parties, they usually address procedural rather than substan - tive issues. At the same time, Mexico is undergoing a significant judicial reform by introducing the popular election of federal judges. This raises uncertainty as to whether newly appointed judges will maintain established anti - trust criteria or adopt new interpretations. It is important to highlight that this impacts the spe - cialised district courts on competition, telecommu - nications and broadcasting. The incoming judges of these courts were elected in June 2024 and were confirmed by the electoral authorities in July 2025. They will take their offices in September 2025. Even though the elected judges have profiles with experi - ence in competition matters, this is the first time in which judges have been appointed following an elec - toral process rather than by having a judicial career. Separately, the Supreme Court’s Second Cham - ber recently issued key rulings in Amparos en Revisión 428/2023 and 531/2024, recognising the legality of COFECE’s investigatory powers regarding the use of information collected during dawn raids. The Supreme Court confirmed that the competition authority may lawfully access and use digital infor - mation from computers and mobile devices during dawn raids, as such data is considered as part of the ordinary course of business and not protected by con - stitutional privacy rights. These rulings are expected to support the continued use of similar investigatory powers in the CNA. Additionally, the reformed FECL now explicitly excludes public enterprises ( empresas públicas ) from its scope, meaning that entities such as Petróleos Mexicanos (PEMEX, Mexico’s integrated oil and gas company responsible for exploration, production, refining, logistics and marketing) and the Comisión Federal de Electricidad (CFE, the Federal Electricity Commission, which generates, transmits and distrib -
utes electricity across the country) are no longer sub - ject to the FECL, including fines, investigations and other enforcement actions. Finally, although the new National Code of Civil and Family Procedures was recently enacted, it did not alter the framework for antitrust damages or class actions, meaning that very few claims for antitrust damages have been filed or resolved in Mexico, leav - ing the field largely undeveloped. However, the reform to the FECL, now expressly allows plaintiffs to seek damages before COFECE’s resolution is final and unappealable, introducing a new dimension to anti - trust liability in the country. 2. Private Antitrust Claims: Basis and Procedure 2.1 Statutory Basis As mentioned in 1.1 Current Framework for Private Antitrust Litigation , there are no private antitrust claims in Mexico. The statutory basis for a claim for damages for breach of competition regulation is Arti - cle 134 of the FECL. However, as mentioned before, the reformed FECL allows individuals to bring indi - vidual or collective actions for damages in the Judi - cial Branch before COFECE’s resolution is final and unappealable. This departs from the pre-reform standard, under which such actions could only proceed once the COFECE resolution had become final. 2.2 Courts All cases are heard, without exception, by specialised competition judges and courts. In the event of a recusal or excuse, the case is reas - signed to a different judge or court, specialised in competition matters, through an expedited procedure. It should be noted that there is no possibility nor any legal procedure for a non-specialised court or tribunal to hear a case involving the application of the FECL in relation to damages claims.
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