MEXICO Law and Practice Contributed by: Agustín Aguilar López, Carlos García Cueva and Joana Karime Novia Ibarra, Aziz & Kaye Business Law
Aziz & Kaye Business Law Paseo de la Reforma 2620-304 Lomas Altas Miguel Hidalgo Ciudad de México 11950 Mexico Tel: +52 555 985 6605 Email: administracion@azizkaye.com Web: www.azizkaye.com
1. Introduction 1.1 Current Framework for Private Antitrust Litigation In December 2024, a set of major constitutional reforms, including several with significant implica - tions for antitrust law in Mexico, was approved by Congress. These reforms triggered a transformation process that led to the dissolution of the Federal Insti - tute of Telecommunications (“ Instituto Federal de Tel- ecomunicaciones – IFT”) and the Federal Competi - tion Commission (“ Comisión Federal de Competencia Económica – COFECE”), two constitutionally autono - mous authorities responsible for enforcing competi - tion rules in the telecommunications and broadcasting sectors (IFT) and in all other markets (COFECE). Their functions have been transferred to a decentralised agency under the Ministry of Economy: the National Antimonopoly Commission (“ Comisión Nacional Anti- monopolio – CNA” or the “Commission”). These changes took effect with the publication of the reforms to the Federal Economic Competition Law (“FECL”) on 16 July 2025, and the amendments to the FECL entered into force on 17 July 2025. The CNA’s Board of Commissioners, comprising five members proposed by the President of Mexico and ratified by the Senate, was completed on 16 October 2025 with the designation of Andrea Marván Saltiel (previously Chair of the COFECE) as Chairwoman of the CNA, alongside Commissioners Ana María Reséndiz Mora, Oscar Alejandro Gómez Romero, Ricardo Salgado
Perrilliat and Soledad Aragón Martínez. The CNA for - mally began operations on 17 October 2025, replacing the COFECE and the IFT (in respect of the latter’s eco - nomic competition functions) as Mexico’s competition authority. It is important to highlight that although the FECL was reformed, it still does not provide for private antitrust litigation. In this regard, under the reformed FECL, only the CNA may investigate and sanction anti- competitive practices in every sector and market of the Mexican economy, including telecommunications and broadcasting, which were previously within the IFT’s jurisdiction. However, individuals may still report or, if they fulfil the requirements provided by Article 68 of the FECL, file a complaint against any alleged anti-competitive conduct. The Commission will then analyse these to determine whether there is sufficient basis to initiate a formal investigation. Following the investigation, considering that the Com - mission’s Investigative Authority finds sufficient evi - dence to support an indictment, the Board of Com - missioners of the CNA will decide on the merits of the case in a trial-like proceeding. If the Board decides to sanction an economic agent for engaging in anti- competitive conduct (cartels, abuse of dominance or unlawful mergers), the sanctioned party may challenge the decision by filing a constitutional appeal ( amparo lawsuit). The purpose of this appeal is to determine
96 A NTITRUST LI T IGATI O N 2026
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