This January 2023, the Law for Improper Advertising Practices was declared unconstitutional by the Supreme Court of Justice, considering that it violates the human rights of freedom to work, free contracting, freedom to trade and autonomy of will. However, this ruling is one isolated criterion which is not binding and has no general application yet, as it will only protect those who are parties in the “amparo” action that gave origin to the court ruling (since it is not a general declaration of unconstitutionality). Nonetheless, this is an important precedent that should be used by all the courts to grant the “amparos”, and also will help to pursue in the future a general declaration of unconstitutionality.
On 7 October 2022, the Investigative Authority of the Federal Economic Competition Commission (COFECE) published the notice of initiation of an investigation for alleged horizontal monopolistic practices, also known as cartel practices, which include agreements to manipulate prices, restricting supply, or coordinating bids in the market for the production, distribution, and commercialization of flat glass and products manufactured from flat glass in the national market.
The new version of the Mexican General Import and Export Duties Law, including its tariff schedule, published on 7 June 2022, became effective on 12 December 2022. Consequently, several administrative regulations updating tariff classifications also became effective on that same date. This includes the latest amendments to the Export Controls Regulation, published on 24 November 2022 and the Embargoes Regulation, published on 11 October 2022.
In October 2022, the Multilateral Instrument was ratified by the Mexican Senate and could enter into force as soon as February 2023. As of the entry into force of this instrument, the Mexican Double Tax Conventions (DTCs) in effect will be automatically modified, without having to enter into the specific negotiation processes with each one of the signatory states. The instrument is, perhaps, the most impressive result of the BEPS Project, as it permits updating DTCs and allows jurisdictions to incorporate BEPS actions into their current DTCs without the need to resort to bilateral negotiations.
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.
Baker McKenzie was invited to serve as the global editor of the Chambers Advertising & Marketing 2022 Practice Guide which features 8 high-profile jurisdictions and provides the latest legal information on the impact of the COVID-19 pandemic, advertising claims and clinical studies, comparative advertising, social/digital media, influencer campaigns, consumer promotions, sports betting/gambling, and cryptocurrency and non-fungible tokens.
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.
On 27 September 2022, the Ibero-American Network for the Protection of Personal Data published the Guide for the Implementation of Standard Contractual Clauses for the International Transfer of Personal Data, which sets out certain aspects to be considered when making international transfers of personal data through the use of standard contractual clauses. The Guide includes non-binding guidance for those who make ITPD from member countries of the RIPD to non-adequate jurisdictions.
Let’s Talk Climate Crisis (Hablemos de la Crisis Ambiental) is a sustainability project of the Corporate Social Responsibility area of Baker McKenzie Mexico that invites the audience to reflect on the environmental and climate crisis through a series of webinars. The goal is to collectively build proposals for a sustainable and inclusive world based on human rights and the principles of equality and justice by recognizing ourselves as active subjects in the construction of knowledge and in the solutions. The podcast is available in Spanish only.
In this Quick Chat video, our Labor and Employment and Tax lawyers discuss some of the most frequently asked questions regarding the Subcontracting Reform’s 2022 Inspection Program, through which authorities from the Ministries of Labor, Social Security and Tax plan to ensure that companies providing and contracting services comply with the regulations of the Subcontracting regime.