MEXICO Law and Practice Contributed by: Agustín Aguilar López, Carlos García Cueva and Joana Karime Novia Ibarra, Aziz & Kaye Business Law
ated CNA will take to resolve cases, given the recent nature of its establishment. Additionally, the trial before a specialised judge may take around two years and the review by the superior specialised tribunal can take at least one more year. If the Supreme Court reviews constitutional matters related to the FECL, this could add at least another year, making the total duration of the trials approxi - mately four years. Furthermore, considering that damages claims involve two instances, a trial before a federal specialised judge and, where applicable, an amparo lawsuit filed against the court’s judgment, claims for damages may take at least three years to resolve. Currently, the Federal Code of Civil Procedures and, once it enters fully into force in 2027, the National Code of Civil and Family Procedure, set forth the pro - cedural rules governing claims for damages and evi - dentiary matters. 4.2 Opting In or Out An opting-in system has been adopted – ie, any per - son who does not join a class action, despite having suffered some damage derived from an anti-competi - tive conduct, will not be able to obtain any compensa - tion from the exercise of the class action. Although persons who have not joined the class action may still claim damages individually, the small amount of compensation often available on an indi - vidual basis can serve as a disincentive to pursue legal action against the economic agent declared liable by the competition authority. 4.3 Direct/Indirect Purchasers As noted in 1.2 Recent Developments, there are no antitrust damages verdicts in Mexico to date. Howev - er, both directly and indirectly affected parties, includ - ing any other person, can file claims for damages, provided that the damage is an immediate and direct consequence of the anti-competitive conduct. 4. Class and Collective Actions 4.1 Statutory Basis
The basis for this is Article 134 of the FECL, which establishes that individuals who suffered damages or losses due to anti-competitive conduct may go before specialised courts to defend their rights, as noted pre - viously, once the competition authority issues a reso - lution, even if it is appealable. Finally, the authors’ opinion is that anyone can file complaints because Congress deemed it important to broaden the scope for pursuing such cases. There - fore, regardless of any influence the offenders may have over those directly or indirectly affected parties, illegal practices can still be reported and will be duly investigated. 4.4 Class Certification The Federal Code of Civil Procedures establishes that the person acting as the common representative of a class must be part of the group, which must consist of at least 30 individuals. Civil associations or non-profit organisations that were legally constituted at least one year prior to filing the action may also be certified, provided their corporate purpose includes the pro - motion or defence of the rights and interests relevant to the matter, and they comply with the requirements set forth in the Code. Additionally, the Office of the Attorney General and the Federal Institute of Public Defender’s Office may be certified to represent the class. At the certification stage, the judge must determine whether the claim meets the requirements established by the Federal Code of Civil Procedures. This includes, for example, a clear identification of the affected dif - fuse, collective, or individual homogeneous right, as well as the supporting considerations and facts that justify pursuing the matter through collective rather than individual action. The judge must also assess whether the claim satis - fies specific standing requirements, such as: • if the alleged conduct harmed consumers as a result of anti-competitive practices, based on a resolution issued by the competition authorities; • whether there is a clear connection between the object of the action and the harm suffered; and • whether the action is not time-barred.
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