MEXICO Law and Practice Contributed by: Alejandro Mendiola Diaz, Pedro Isaac Alcalá Berhouague and Benjamín Uriel Salinas Morales, Nader, Hayaux & Goebel
Growing Role of International Co-Ordination Despite the dominance of domestic cases, COFECE has increasingly engaged in interna - tional co-operation. In 2023, the agency began investigating possible collusion in the fragrance and ingredients industry. This move followed public announcements by several competition authorities around the world regarding similar concerns in the same global market. COFECE confirmed it is co-ordinating with counterparts in the United States and the United Kingdom to determine whether the suspected conduct had effects on Mexican consumers. This case reflects a growing readiness to engage in cross-border investigations when the potential harm to local markets is significant. Looking Ahead: Global Events and Digital Risks The authors anticipate a gradual increase in cross-border enforcement, especially in markets shaped by digital transformation. Online plat - forms and global supply chains make it easier for cartel behaviour to spread beyond borders. A key area of focus in the coming years may be the sports and entertainment sector, par - ticularly in connection with the 2026 FIFA World Cup. The tournament will be jointly hosted by Mexico, the United States, and Canada. In prep - aration, COFECE has joined a trilateral initiative with authorities in both neighbouring countries to monitor related markets. Areas of interest include ticketing, broadcasting rights, accom - modations, merchandising, and sponsorships. This type of proactive co-ordination raises the likelihood of joint or parallel investigations in the lead-up to and during the World Cup.
Conclusion Although cartel enforcement in Mexico remains largely domestic, recent developments point to a slow but steady shift. Cross-border co-operation is expected to grow, especially in digitally con - nected and globally exposed markets. The suc - cess of this transition will depend on COFECE’s ability to strengthen its technical and analytical capabilities to meet the challenges of interna - tional cartel enforcement. 7.9 Environmental, Social and Governance (ESG) Cartels Mexico does not currently have specific legal provisions or regulatory guidance on how ESG- related agreements should be treated under competition law. COFECE has not issued for - mal instructions to companies regarding how to avoid cartel behaviour while participating in ESG-related collaborations or initiatives. Under existing law, any co-ordination between competitors – even when justified by environ - mental or social objectives – would be assessed using the same standards that apply to tradi - tional cartel conduct. If the agreement involves fixing prices, limiting supply, or dividing markets, it may still be prosecuted as a serious competi - tion offence. COFECE’s Evolving Policy Interest Although enforcement rules have not changed, COFECE has shown increasing interest in the intersection of competition and sustainability. In 2024, the agency introduced a policy initiative known as the Green Competition Strategy. The strategy presents a roadmap for exploring how competition law can support or complement broader sustainability goals. Key elements of the strategy include the follow - ing.
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