On 23 March 2022, the Investigating Authority of the Federal Economic Competition Commission published notice of the initiation of an investigation, for the alleged vertical restrictive practices in the market of production, distribution and commercialization of domestic insecticides in Mexico.
This report offers a concise overview of a complex topic: antitrust and competition law in Latin America. The document intends to shed light on how major jurisdictions in the region are handling historic and recent key antitrust issues, including guidance documents and actions.
Two years ago, on 5 November 2019, the Department of Justice (DOJ) announced the formation of the Procurement Collusion Strike Force (PCSF). DOJ press releases indicated the purpose was to create a joint, collaborative interagency partnership focused on deterring, detecting, investigating, and prosecuting antitrust crimes. The Strike Force has prosecutors from 22 US Attorneys’ Offices and 7 national law enforcement partner agencies, including the Antitrust Division of the DOJ, investigators from the Federal Bureau of Investigation, and the Inspectors General for multiple Federal agencies. To date, the PCSF is active in almost a quarter of US judicial districts and coordinates with many US agencies and offices.
On 30 September 2021, the President presented to the House of Representatives a Bill seeking to amend articles 25, 27 and 28 of the Constitution of the United Mexican States, in energy matters. The Bill to amend the Constitution proposes the following: (i) substantial changes in both public policies, and the regulation of the electricity and hydrocarbon industries; (ii) nationalizing the right to the exploration, use, and exploitation of lithium, and, (iii) establishing that no future concessions will be granted.
On 14 September 2021, the US Department of Justice’s Antitrust Division and the US Federal Trade Commission issued a Joint Statement on antitrust enforcement regarding collaborative relief efforts after Hurricane Ida. The Statement recognizes that collaboration among companies – even among competitors – may be necessary and beneficial to assist communities with rebuilding and relief efforts. However, the Statement also makes clear that neither agency will tolerate attempts to subvert competition laws or engage in illegal conduct under the guise of disaster recovery.
3 June 2021, the Law for Transparency, Prevention and Combating Improper Practices in Advertising Contracting (“Advertising Law”) was published in the Official Gazette1. The new Advertising Law went into effect on 1 September 2021. The Mexican Competition Authority (COFECE) issued Emergency Regulations, establishing the procedures for filing a complaint, the investigatory process, and ruling for complaints of violations under the new Advertising Law.
On 9 July 2021, President Joe Biden issued an Executive Order (“Order”) and a supporting Fact Sheet announcing 72 initiatives to increase vigorous antitrust enforcement. The Order sets competition-law priorities for the Federal Trade Commission (FTC), the US Department of Justice (DOJ), and more than a dozen other federal agencies coordinated through a new White House Competition Council.
On 9 July 2021, President Joe Biden issued an Executive Order and a supporting Fact Sheet announcing 72 initiatives to increase vigorous antitrust enforcement. The Order sets competition-law priorities for the Federal Trade Commission (FTC), the US Department of Justice (DOJ), and more than a dozen other federal agencies coordinated through a new White House Competition Council.