SAI is a leader and pioneer in Economic Competition Law. We offer interdisciplinary services as a result of the integration of recognized lawyers and economists. This integration allows us to provide unique assessments within the market related to diverse subject matters such as mergers, investigations into monopolistic practices, leniency program applications, and procedures to remove barriers to competition and regulate access to essential forms of input.
We provide our clients with legal and economic advice related to competition matters for their business decision-making processes or for them to prevent any risks. We also serve as economic representation agents in procedures before the Mexican Federal Economic Commission (“COFECE” based on its acronym in Spanish) or the Federal Telecommunications Institute (“IFT” based on its acronym in Spanish).
• Merger notifications
• Investigation into anticompetitive practices
• Applications to the leniency program for the commission of absolute monopolistic practices
• Applications to receive approval from the authorities to participate in tenders
• Declarations of lack of effective competition conditions in a market
• Statements of essential types of input or barriers to competition
During amparo trials, we offer services to challenge rulings by the COFECE and the IFT before the courts specializing in economic competition and telecommunication matters.
• Consulting related to economic competition
• Analysis of commercial practices
• Regulatory analysis applied to competition
• Compliance training for economic competition
• Evaluation of internal policies related to economic competition regulations
• Alignment of international companies' policies with Mexican laws related to economic competition.
We offer consulting to governments and public and private corporations in tender and contract matters.
We have represented and provided advisory services to multiple national and international corporations by offering legal and economic assistance before the former Federal Competition Commission (“COFECO” based on its acronym in Spanish), the current COFECE and the IFT in the following sectors:
• Supermarket chains
• The automotive industry
• The food and beverage industry
• The auto parts industry
• The hotel industry
• Port and airport industries
• Iron and steel industries
• The glass industry
• The furniture industry
• The aeronautic sector
• The broadcasting sector
• The telecommunications sector
• The energy sector
• The transportation sector
• The financial sector
In leniency program matters, we have represented and provided counseling to:
Young & Rubicam to acquire the benefits of a leniency program, even though it did not exist in the Federal Economic Competition Law at the time.
Several economic agents with a national and international presence, to obtain benefits from the leniency program provided in the Federal Economic Competition Law.
In investigation procedures into monopolistic practices, we have represented and provided counseling to the following and other companies:
Nestlé, in an investigation into the alleged commission of relative monopolistic practices related to producing, distributing and marketing coffee, where we obtained a successful result.
Hutchinson Group, in an investigation into the alleged commission of relative monopolistic practices, where the competition authority closed the file without any liability being levied on the economic agents.
Home Depot, in an investigation into the possible commission of relative monopolistic practices, where we were successful in having the investigation closed without any liability being levied on the company.
BBVA Bancomer, in an investigation into the alleged commission of absolute monopolistic practices in operations related to using credit cards, where we obtained a successful result.
A telecommunications corporation, to file several complaints related to the commission of relative monopolistic practices and illicit mergers before the former COFECO and the IFT, which resulted in different investigations by these authorities that are still ongoing.
In merger notification service and authorization procedure practices, we have represented and provided counseling to the following and other companies:
Kimberly Clark de México, in the acquisition of Georgia Pacific's assets related to manufacturing toilet paper and napkins; the competition authority issued a ruling in its favor.
Nestlé, in the merger derived from the global acquisition by Pfizer of its children's milk formula business. We obtained a conditioned clearance that allowed the company to conclude the global transaction and establish a strategy that will maximize the value of the required disinvestment in Latin America, Australia, and South Africa.
Alpek, in the acquisition of Expandable Polystyrene of Polioles, owned by BASF in America, and the sale of its polystyrene business. The competition authority issued a ruling in its favor.
In matters related to obtaining approval to participate in tenders or other endeavors, we have represented and provided counseling to the following and other companies:/p>
Gasoductos de Chihuahua, to successfully obtain the competition authority’s approval to participate in tender offers to transport and store natural gas and liquefied petroleum gas.
Telefónica, Televisa and Megacable, to obtain the competition authority´s approval to participate in tender offers for dark fiber posted by the Federal Electricity Commission, in which they obtained the concession.
Grupo MVS, to obtain approval from the Competition Unit of the IFT for broadcasting concession renewals.
We have represented and provided counseling to the following and other endeavors related to evaluating commercial practices, performing audits, and implementing the competition compliance program:
International corporations in different sectors, to bring their global corporate and commercial policies into alignment with Mexican economic competition legislation and hold economic competition training sessions for their managers and key employees.
International and Mexican corporations to perform audits on economic competition matters, evaluate possible risks that may derive from their commercial practices, and issue recommendations that minimize those risks.
Governmental bodies and private corporations, in designing and implementing tender offers consistent with the economic competition principles.
Manufacturing chambers, to identify risks related to designing their activities, to evaluate existing information exchange, and to implement economic competition compliance programs.
In procedures to ascertain the existence of substantial market power, we have represented and provided counseling to the following and other enterprises:
A telecommunications enterprise that was part of several procedures wherein the Federal Telecommunication Institute assessed whether an economic agent had any market power in the pay TV market.
In regulatory analysis matters, we have represented and provided counseling to the following and other entities:
Infraestructura Energética Nova, S.A.B. de C.V., regarding the types of impact the new energy regulation wields in economic competition matters.
The National Retirement System Commission (“CONSAR” based on its acronym in Spanish), to produce a study about incentives in the competitive dynamics in the Mexican retirement system and its comparison with the experience in other countries.