MEXICO Law and Practice Contributed by: Agustín Aguilar López, Carlos García Cueva and Joana Karime Novia Ibarra, Aziz & Kaye Business Law
a growing emphasis on abuse of dominance cases alongside traditional cartel enforcement. The reform also incorporated into the FECL additional factors for assessing substantial market power and criteria for determining joint dominance that were previously con - tained in regulatory provisions. The pharmaceutical and healthcare sectors remain a priority, particularly regarding cartel conduct in public procurement and drug distribution, with ongoing and new investigations in these areas. Public procure - ment and financial services also continue to be major enforcement and litigation arenas, especially concern - ing bid-rigging and barriers to entry. In April 2026, the CNA published a draft 2026-2030 Institutional Programme outlining enforcement priori - ties for the coming five years, identifying six priority sectors, including food and basic consumer goods, energy, healthcare and pharmaceuticals, financial ser - vices, digital markets and telecommunications, and public procurement. Consistent with this focus, the CNA has already taken enforcement action in the corn flour and tortilla market, securing a commitment from Gruma, the country’s largest corn flour and tortilla pro - ducer, to eliminate exclusivity and minimum-purchase obligations previously imposed on tortillas sellers.
That said, it remains uncertain what criteria the newly elected judges will follow when applying the enhanced FECL provisions. The created Tribunal de Disciplina Judicial now has oversight responsibilities over the judiciary, though its practical impact on judicial inde - pendence remains to be seen. As a result, although the FECL reform strengthens enforcement tools, its practical impact on antitrust litigation will depend heavily on how these new judicial actors interpret and implement the law.
105 A NTITRUST LI T IGATI O N 2026
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