MEXICO Law and Practice Contributed by: Christian Lippert, Carlos Chávez, Juan Carlos Burgos and Édgar Martín, Galicia Abogados
5.7 Prohibitions and Remedies for Foreign-to- Foreign Transactions The agencies have not required remedies on pure for - eign-to-foreign deals, as remedies require that com - petition concerns in one or more Mexican relevant markets are evidenced. 6. Ancillary Restraints and Related Transactions 6.1 Clearance Decisions and Separate Notifications As part of a filing, the parties are required to provide the full set of transaction documents, which often includes ancillary agreements. The CNA will review all such documents, but its clearance will be limited to the transaction as notified. While CNA decisions explicitly note that clearance of notified transactions does not limit its ability to inves - tigate anti-competitive conduct, it would be debatable whether an ancillary arrangement provided as part of a filing could later trigger a CNA investigation. 7. Third-Party Rights, Confidentiality and Cross-Border Co-Operation 7.1 Third-Party Rights Third parties do not have standing and are not formally made part of the merger control proceedings. Having said that, competitors, clients and other interested parties that become aware of a transaction are free to submit briefs and evidence to the CNA and even request a hearing with the Board of Commissioners. While the CNA must consider the information pro - vided by such third parties, they are not considered part of the proceedings and have no right under the FCA to access the file, be notified of the decision or appeal the same. 7.2 Contacting Third Parties The CNA contacts third parties regularly as part of its review process. Such contacts usually take the form of written questionnaires or informal conversations. Remedies are not usually discussed with third parties,
although there have been cases where the remedies imposed by the CNA were the result of pleadings from third parties. 7.3 Confidentiality The contents of a filing are not made public until a version of the decision is made publicly available. However, the CNA website will usually state that cer - tain applicants have made a filing before it. In special cases (eg, publicly traded companies), the CNA has accepted confidential treatment requests and has excluded the names of the applicants even from its website, until a decision was made or confidentiality was waived by the parties. As to information submitted as part of the filing, the parties can request that the information provided to the CNA be classified as confidential, provided that they ground such request in law (ie, personal data, commercial secrets, privileged information, etc). 7.4 Co-Operation With Other Jurisdictions It is common that on complex cross-border matters, CNA staff request a confidentiality waiver so that they can reach out to other agencies. Typically, these waiv - ers are sought to contact the US agencies and the European Commission. 8. Appeals and Judicial Review 8.1 Access to Appeal and Judicial Review Only final decisions from the CNA can be challenged and only by petitioning for judicial review to the Fed - eral Courts specialising in competition, telecommuni - cations and broadcast matters. 8.2 Typical Timeline for Appeals The parties can petition for judicial review within 15 business days after being notified of the CNA’s decision. The timing for getting a decision from the courts usually takes several months, if not years (first- instance decisions can be appealed before Circuit Courts). Courts have traditionally showed great deference to the CNA on economic matters. Most court precedents on merger control matters relate to formal questions,
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