MEXICO Law and Practice Contributed by: Alejandro Mendiola Diaz, Pedro Isaac Alcalá Berhouague and Benjamín Uriel Salinas Morales, Nader, Hayaux & Goebel
1.6 Jurisdiction The Mexican competition authority, based on the effects doctrine, has jurisdiction not only over conduct that occurs within Mexican territory, but also over conduct carried out abroad if it produces effects in Mexican markets or harms Mexican consumers. Even if conduct among competitors takes place entirely in a foreign country, the agencies may investigate and sanction it if there is evidence that the conduct had an impact on competition conditions in Mexico. Additionally, the agencies may engage in cross- border co-operation through international agree - ments and treaties. They regularly collaborate with foreign competition authorities in global cartel investigations, particularly when conduct spans multiple jurisdictions or affects interna - tional supply chains. 1.7 Principles of Comity Although the concept of comity is not explic - itly codified under Mexican law, its principles are implicitly recognised and applied through international co-operation mechanisms. Mexi - co participates actively in bilateral and multilat - eral agreements that promote co-ordination in competition enforcement, including the United States–Mexico–Canada Agreement (USMCA), and engages with global forums such as the Organisation for Economic Co-operation and Development (OECD) and the International Competition Network (ICN). In practice, the competition authorities apply principles of comity by: • co-ordinating investigations with foreign agencies;
Exemptions or Sector-Specific Exclusions There are no statutory or jurisprudential exemp - tions or exclusions for cartel conduct in any industry. All sectors, including regulated ones, such as energy, healthcare and telecommunica - tions, are subject to the same prohibitions. However, the Mexican Constitution (Article 28) establishes certain areas reserved to the State, which are not subject to competition law. These are not exceptions to cartel rules per se, but rather structural exclusions from the scope of • electricity transmission and distribution; • nuclear energy and radioactive minerals; • postal, telegraph, and radiotelegraph ser - vices; and • state-provided internet access. 1.5 Limitation Periods In Mexico, private parties cannot bring a private lawsuit to challenge cartel conducts directly. Instead, cases must be investigated and sanc - tioned by the competition authorities through administrative proceedings. The competition authority’s legal power to investigate and sanc - tion cartel conduct is subject to a ten-year stat - ute of limitations, which begins on the date the conduct ends. If this period expires without for - mal investigative action, the case can no longer be pursued. In cases of damage and lost profit claims, the limitation period and procedural requirements are tied to the issuance of a final and binding resolution by the authority. Only then can affect - ed parties bring a civil claim before courts. the law. These include: • oil and gas exploration;
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