MEXICO Law and Practice Contributed by: Alejandro Mendiola Diaz, Pedro Isaac Alcalá Berhouague and Benjamín Uriel Salinas Morales, Nader, Hayaux & Goebel
6.7 Costs/Fees In administrative proceedings, there is no mech - anism for cost-shifting. In civil litigation, courts may order the losing party to pay legal costs only in cases involving bad faith, procedural abuse, or frivolous claims. Such rulings are exceptional, not automatic. 6.8 Judicial Review or Appeal Civil judgments, including collective actions, can be challenged through amparo once ordi - nary appeals are exhausted. The amparo reviews constitutional issues, not factual findings. These reviews are rare due to the limited number of private competition claims in Mexico. 7. Trends in Cartel Enforcement 7.1 Information Sharing as a Cartel Offence In Mexico, information exchange between com - petitors may constitute a cartel offence (absolute monopolistic practice) when it has the object or effect of restricting competition. This includes scenarios where the exchange leads to price fix - ing, output restrictions, market allocation, or bid rigging. Such conduct is treated as per se ille - gal, regardless of whether it is achieved through formal agreements or informal co-ordination mechanisms. COFECE has issued guidelines that outline the standards used to assess information exchange between competitors. The evaluation considers: • the purpose of the exchange; • the strategic value of the information; • its level of detail or aggregation; • whether it refers to current, historical, or future conduct; • the frequency of exchange;
currently pending before the Federal Special - ized Civil Courts. 6.3 Indirect Purchasers and “Passing On” Defences While civil claims for damages are allowed after a final decision by the competition authority, Mexican law does not exclude claims by indirect purchasers. However, such actions are rare, and there is no judicial precedent addressing indirect Evidence from governmental investigations is admissible in both administrative and civil pro - ceedings. In civil cases, such evidence may sup - port claims for damages once the competition authority’s resolution is final and upheld by the courts. 6.5 Frequency of Completion of Litigation Civil claims for cartel-related damages are rare in Mexico, as they can only be filed once a competition authority’s decision becomes final and has survived judicial review. This process typically takes four to six years. Civil litigation, once initiated, may take an additional two to four years depending on complexity and appeals. As a result, cases reaching final judgment are infre - quent. 6.6 Attorneys’ Fees Mexican law does not require losing parties to pay attorneys’ fees in cartel-related litigation. In civil claims, fees are privately agreed between clients and counsel. COFECE, IFT and the spe - cialised courts do not award legal fees in admin - istrative or civil proceedings. harm or passing-on defences. 6.4 Evidence Obtained From Governmental Investigations/ Proceedings
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