MEXICO Law and Practice Contributed by: Alejandro Mendiola Diaz, Pedro Isaac Alcalá Berhouague and Benjamín Uriel Salinas Morales, Nader, Hayaux & Goebel
5.9 Timeline of Cartel Enforcement Process A full cartel enforcement case in Mexico – from the initiation of the investigation to a final ruling on appeal – typically lasts between five and six years. • Investigation stage – this is led by the Inves - tigative Authority and may last up to three years, considering the initial 30 to 120 busi - ness days plus up to four extensions of 120 business days each. • Trial-like administrative procedure – if the investigation leads to a Statement of Proba - ble Liability, this second stage generally lasts between one year and one and a half years, depending on the complexity of the case and the volume of evidence. • Judicial review ( amparo ) – the constitutional review process before specialised courts may take between one and two years, particularly if the case reaches the Courts of Appeals. These stages are sequential and cumulative, so the total duration reflects the entire enforcement timeline, including possible appeals. Private rights of action for cartel conduct in Mexico are only available after the competition authority – either COFECE or IFT – has issued a final and binding resolution confirming the exist - ence of a cartel. Once the agency’s decision becomes final (ie, not subject to further appeal or it is upheld by the courts), any third party that suffered harm as a result of the anticompetitive conduct may bring a civil action before the Specialized Fed - 6. Civil Litigation 6.1 Private Rights of Action
eral Courts on Competition, Telecommunica - tions and Broadcasting to claim damages and lost profits. The threshold requirements include the follow - ing. • Proof of harm suffered by the claimant. • A causal link between the harm and the con - duct established by the competition authority. • The existence of a final administrative resolu - tion finding liability. The standards of relief in these private civil actions differ from administrative enforcement: while government proceedings focus on pub - lic sanctions (eg, fines), civil claims are centred on economic compensation for harm. Punitive damages are not available under Mexican law. The most common forms of relief sought are monetary compensation, although collective actions may also be brought if multiple consum - ers are affected by the same conduct. 6.2 Collective Action Collective actions – commonly referred to as class actions – are permitted under Mexican law, including for competition-related harms. These actions may be filed by consumer protection agencies, the enforcement authorities, or quali - fied non-profit organisations acting in the public interest. In practice, class actions in antitrust matters are rare. However, in October 2024, COFECE filed the first class action in its history before the fed - eral judiciary. The case involves price manipula - tion and supply restrictions in the pharmaceuti - cal sector, and it seeks to obtain compensation for affected consumers. The proceedings are
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