The Superintendence of Industry and Commerce (SIC) established the thresholds that will be taken into account to determine whether there is an obligation to undertake a merger control procedure during the year 20221. For this purpose, through Resolution No. 83304 of 22 December 2021, the SIC determined that those economic integrations whose participants, individually or jointly, have total assets or operating income equal to or greater than COP 57,322,387,083.44 (USD 14,398,413.292) must be subject of merger control.
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.
On 31 December 2021, the Energy Regulatory Commission published in the Mexican Official Gazette, resolution number RES/550/2021, through which it issued the General Administrative Provisions containing the criteria for efficiency, quality, reliability, continuity, safety and sustainability of the National Electric System: Network Code. This New Network Code modifies the technical requirements whose compliance is mandatory for all users of the National Electric System, i.e., the National Energy Control Center, transporters, distributors, power plants, suppliers and, in particular, all load centers connected at medium and high tension, regardless of their consumption levels.
The Ministry of Health issued Resolution No. 137 of 2 December 2021 (“Resolution”) that establishes the guidelines for the labeling of foods for human consumption that contain (i) sugar, (ii) saturated fats and (iii) trans fats. The Resolution entered into force on 7 December 2021. The Resolution regulates the labeling of foods through the use of front labeling on the containers and is applicable to manufactured or packaged foods that are marketed in the country.
Given the on-going COVID-19 health emergency, the Commission of the Andean Community has recently extended exceptional and temporary provisions applicable to health products (cosmetics, household hygiene products and absorbents for personal use).
On 4 January 2022, Disposition No. 1/22 issued by the National Registry of Persons (Renaper) was published in the Official Gazette, approving Renaper’s Personal Data Protection Policy (“Policy”). The Policy aims to safeguard and protect the right to privacy of individuals whose data is processed by Renaper.
On Saturday, 11 December, Resolution No. 00028-2021-OEFA/CD was published, through which the Environmental Monitoring Report Registration Module was created and the Environmental Monitoring Report Registration procedure approved.
On 14 December 2021, CETESB (Environmental Agency of the State of São Paulo) published Board Decision No. 125/2021/E of 9 December 2021, which approved the updated list of thresholds for contaminants in the soil and groundwater in the State of São Paulo and revoked the former list approved by Board Decision No. 256/2016/E, of 22 November 2016.
The National Executive issued Decree No. 4,622 of 9 December 2021,1 extends the validity of Decree No. 4,5252 on Optimization of Export Processes for six months (i.e., until June 2022). The purpose of the Decree is to optimize export processes by streamlining the certificates, permits and licenses required by public administration bodies and entities.
Emergency Decree 886/2021, published on 24 December 2021, does not extend the prohibition to terminate employment without cause and for lack or reduction of work or force majeure, or to suspend employees for lack or reduction of work or force majeure. The Decree also sets forth a progressive schedule that reduces the additional severance until its finalization in June 2022.