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Raymundo E. Enríquez

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Raymundo Enriquez is currently the managing partner of the Mexico offices and the lead partner of Baker McKenzie's Antitrust Practice Group in Mexico City. He was a member of the Firm’s Executive Committee and a previous chairman of the Latin America Regional Council where he also served as the Latin America chair of the Global Diversity and Regional Pro Bono Committees. Mr. Enriquez is recognized as a leading lawyer for competition / antitrust and for business by Chambers Latin America. He served as a board member for several Mexico companies. In addition, he was a visiting lecturer at the Mexican Bar Association and a part-time tax and foreign trade law professor at Universidad Iberoamericana, where he obtained his JD from the university’s School of Law.

On 27 October 2022, the Investigating Authority of the Federal Economic Commission (COFECE) published a notice initiating an investigation into the marketing of services related to credit card transactions in the form of deferred payments with interest-free months due to alleged absolute monopolistic practices (or cartel practices), in particular, price fixing and the exchange of commercially sensitive information.

The Investigating Authority of the Federal Economic Competition Commission published on 12 October 2022, a notice initiating an investigation, for alleged anticompetitive conduct of horizontal monopolistic practices (or cartel practices) in the market of public procurement procedures for the acquisition, leasing, maintenance services and managed services of information and communication technologies.

Antitrust and competition authorities around the world, including LATAM, are undertaking investigations and ongoing proceedings dealing with “no-poach” agreements. Increased scrutiny from these regulators means that companies and staff that agree not to poach employees from others, or fix wages, are increasingly in risk of significant financial and even criminal penalties in some jurisdictions..

Join our Antitrust, Employment and M&A partners for a complimentary webinar on 6 October 2022 where we will analyze the regulatory and enforcement landscape in the US on no-poach, including the trends we are seeing in Latin American countries and the various cases by antitrust authorities in the region.

On 13 July 2021, the Federal Economic Competition Commission published in the Federal Official Gazette the notice regarding the initiation of an investigation due to possible absolute monopolistic practices allegedly carried out in the market for maritime transportation services in the state of Quintana Roo.
Absolute monopolistic practices are anti-competitive agreements, contracts or arrangements between competing economic agents, whose object or effect is the manipulation of prices, restriction or limitation of supply or demand, division or segmentation of markets, agreement or coordination of bids in auctions, as well as the exchange of information between competitors to carry out any of the aforementioned conducts. These practices can also be referred to as horizontal or cartel practices.

On 30 June 2022, the Investigative Authority of the Federal Economic Competition Commission (COFECE) published notice of the initiation of an investigation into the national market for federal passenger transport (“Market under Investigation”). The investigation is to identify, and where appropriate, determine, the existence of barriers to competition and free competition, and/or essential inputs in the Market under Investigation, which utilize terminals for passenger pick-up and drop-off, and related services.

On 22 June 2022, the Commissioners of the Federal Economic Competition Commission (COFECE) approved conducting a research study on competition in the digital financial services market. The Market Study’s purpose is to analyze the structure, operation and regulatory framework of the digital financial services sector in Mexico.
The digital financial services considered in the study include electronic payment and crowdfunding services, those offered by Financial Technology Institutions, also known as Fintech, which are regulated by the Law to Regulate Financial Technology Institutions.
According to COFECE, the Market Study is important because the financial services sector contributes a significant percentage of the country’s Gross Domestic Product, and digital financial services can also influence the financial options available to users and facilitates credit access to small and medium-sized companies.

On 31 March 2022, the Investigating Authority of the Federal Economic Competition Commission published notice of the initiation of an investigation, into the retail electronic commerce market in Mexico. The investigation is to identify, and where appropriate, determine the possible existence of barriers to free market access, barriers to the competition, and/or essential inputs, that could create anti-competitive effects in the Market Under Investigation.

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.

On 5 January 2022, the Investigating Authority of the Federal Economic Competition Commission published notice of an investigation, file IO-001-2021, for the alleged anti-competitive conduct of horizontal monopolistic practices in the market for integration, installation, maintenance and commercialization of equipment, accessories and spare parts for the use of industrial gases 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.