MEXICO Law and Practice Contributed by: Heidi Lindner and Humberto Vega, Arochi & Lindner
11. Collective Redress 11.1 Group Claims
Despite the inclusion of conciliation in the LFPPI, ADR measures such as arbitration and mediation are still not widely adopted or explored by the parties in life sciences matters in Mexico. This may be due to the familiarity with and preference for traditional litigation processes and the specificity of the scope of settle ‑ ment under the LFPPI. Nevertheless, it is common for parties to reach set ‑ tlements during litigation. These settlements enable quicker and more cost-effective resolution of dis ‑ putes, granting the parties greater control over out ‑ comes and often helping to preserve commercial or collaborative relationships. In Mexico, there is no specific regulation that applies exclusively to agreements or arrangements in the pharmaceutical or biopharmaceutical sector in terms of antitrust considerations. However, the general provisions of the Mexican antitrust law would apply to these agreements. These provisions encompass the monitoring and assessment of any settlement or arrangement, to ascertain that it neither hampers com ‑ petition and free market dynamics, nor contributes to the formation of illegal monopolies or oligopolies. While there has not been notable targeted scrutiny of pharma/biopharma settlements in this jurisdiction, these agreements are subject to the general frame ‑ work and principles of antitrust law enforcement. 10. Settlement/Antitrust 10.1 Considerations and Scrutiny
In Mexico, collective redress is available through acciones colectivas (collective actions), which allow group claims by consumers or patients affected by the same conduct, including alleged harm from pharma ‑ ceutical products or medical devices. These actions may cover damages, product-related harm, or mis ‑ leading health information, making them a potential mechanism for collective litigation in the life sciences and pharma context.
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