Banking & Finance 2019 Guide Second Edition by Chambers and Partners
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Please see below updated thresholds for transactions subject to pre-merger control by the Mexican Antitrust Commission (Cofece) under the Antitrust Statute (LFCE), i.e. transactions with effects in Mexico that require unconditional approval or acceptance of applicable remedies before closing:
The current applicable filing fee for the analysis of a concentration by Cofece is MXN $184,539.00, or approx. US $9,500.
Kindly be reminded that hefty administrative penalties may apply to illicit concentrations and unreported transactions, in addition to potential civil liability. We therefore strongly advise a careful reportability analysis of transactions with effects in Mexico, as well as adopting any and all necessary measures to avoid gun jumping, i.e. closing acts before obtaining Cofece’s unconditional approval.
Likewise, during negotiations and due diligence processes do avoid the exchange of information between competitors that may have the purpose or effect of fixing prices, restricting supply, segmenting territories or bid rigging. In addition to hefty administrative and civil penalties, criminal prosecution may result in 5 to 10 years of imprisonment.
Please do not hesitate to contact us at firstname.lastname@example.org if you have any questions or wish to discuss preventive or corrective measures to mitigate risks of antitrust violations.
Published on January 2019
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