MEXICO Trends and Developments Contributed by: Rodrigo Buj García, María José Jiménez Neria and Flora Astrid Alvarez Acosta, Malpica, Iturbe, Buj & Paredes
Judicial Reform: What to Expect From the Election of Judges One of the main concerns in Mexico’s current con - text is the popular election of judges, magistrates and Supreme Court justices. In June 2025, the first elec - tions for these judicial positions were held. In the field of competition, telecommunications and broadcasting law, all three first-instance judges were newly elected, while only two of the six magistrates sitting on the appellate courts will be replaced, allow - ing for a less abrupt transition in second instance. The elected individuals have technical backgrounds that, at a minimum, suggest a general understand - ing of these specialised areas. This does not mean, however, that Mexico’s political dynamics could not generate tensions when resolving constitutional litiga - tion in specialised courts and tribunals. Final Remarks Mexico’s antitrust framework is entering a new and uncharted phase. The creation of the CNA, the real - location of powers from COFECE and the IFT, and the reinforcement of procedural and substantive rules mark the beginning of a more centralised yet uncertain model of competition enforcement. This new structure reflects an effort by policymakers to strengthen over - sight and adapt enforcement to the realities of digital and highly concentrated markets.
At the same time, the reforms raise legitimate con - cerns about institutional independence and the quality of decision-making. The concentration of appointment powers in the executive, the elimination of technical evaluation mechanisms and the absence of a clear timetable for the CNA’s full constitution all contribute to a climate of uncertainty that may complicate stra - tegic planning for businesses and investors. For companies operating in Mexico, the new regime implies a higher level of scrutiny and compliance obli - gations. Lower merger thresholds, stricter procedural deadlines and higher fines elevate the risks associated with both day-to-day operations and complex trans - actions. Firms will need to review their internal compli - ance programmes, adapt their risk assessments and be prepared for more assertive enforcement. Ultimately, the success of this new chapter in Mexican competition policy will depend on whether the CNA can combine its expanded powers with technical rig - our, transparency and proportionality. If the authority manages to safeguard its independence and prioritise cases with the greatest impact on the national econo - my, the reform could strengthen competition enforce - ment and contribute to a more predictable business environment. If not, the pursuit of control and speed may undermine credibility, deter legitimate collabora - tion and weaken the very goals that the reform seeks to achieve.
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