A New Era for Antitrust Private Litigation in Mexico
Mexico may be entering a new era for private competition litigation. With COFECE’s filing of the first class action in the country’s history for damages derived from a cartel, along with a related Supreme Court ruling holding that a decision issued by the competition authority satisfies the requirement of administrative finality without the need to await the conclusion of amparo proceedings, and with recent amendments to the Federal Economic Competition Law clarifying that in competition matters an administrative decision will be deemed final without prior judicial confirmation, the expectation is that the exercise of damages claims will become easier.
In this context, experts are asking whether we are witnessing the beginning of a new stage in the private enforcement of competition law. This event aims to analyze the current state and future of private litigation and class actions for anticompetitive damages in Mexico, as well as to compare these developments with international experiences in other jurisdictions.
The GW Competition & Innovation Lab joins forces with Cuatrecasas for this important event.
Section 1 - Fireside Chat: The State of Affairs in Antitrust Private Litigation in Mexico
Guest: Official, Mexican Antitrust Agency
Interviewer: Alejandra Palacios, Advisor at Cuatrecasas
We will discuss the antitrust agency’s agenda for private litigation, focusing on the first class action filed by COFECE and the key strategic and legal decisions taken in that case. We will ask about the current status of the class action, how the agency sees its role in encouraging private antitrust litigation in Mexico, and what their next steps will be.
Section 2 - Panel 1: Comparative Perspectives on Private Action Litigation
Moderator: Mariana Camacho, Leader of Hispanic America at the GW Competition and Innovation Lab
Panelists:
Edith Ramirez, Former Chairwoman of the U.S. Federal Trade Commission
María Pérez Carrillo, Partner at Cuatrecasas, Head of the Private Antitrust Litigation practice (Spain)
With the help of María Pérez Carrillo, we want to understand the development of antitrust private litigation in Spain, as its system is like that of Mexico (i.e., “follow- on” actions, which follow the decision of a regulator after a breach has been established and must be based on the same infringements already determined by the regulator). What has happened in recent years that has made it easier for claimants to obtain damages for antitrust violations? How has antitrust practice been modified given these developments? With Edith Ramirez, we want to discuss the synergies between private and public antitrust enforcement on competition policy, as well as the costs and other considerations that claimants should take into account before embarking on a private enforcement case.
Section 3 - Panel 2: Private Antitrust Litigation in Mexico: What Has Worked and What Needs to be Modified
Moderator: Jessica Hernández, Associate at Bufete Asali (Mexico)
Panelists:
Lucía Ojeda, Partner at SAI Law Firm, member of the Committee on Private Litigation at the ABA Antitrust Section (Mexico)
Rene Irarrázabal, Partner at Cuatrecasas, Head of Litigation practice, Mexico office
We will discuss whether COFECE’s first class action and the recent changes to the Antitrust Act are enough to trigger civil litigation and class actions for antitrust damages in Mexico. We will identify what obstacles remain, if so; whether there are other cases, and how they are progressing. We will also consider what further reforms to the Competition Law and civil codes may be needed. Finally, we will discuss how companies can prepare if private litigation increases.
Download the full flyer and agenda here
