Vague Mexico Anti-Trust Law Raises Concerns


Tue. March 18th, 2014 - by Jonathan Nivens

<p>Mexico’s legislators have proposed a new bill that is designed to increase competition and reduce monopolies. However, this bill contains unclear language which would grant Mexican regulators the power to control entire industries.<hr class="legacyRuler"><hr class="legacyRuler"><hr class="invisible minimal-padding">With large amounts of agricultural activity in Mexico, this bill, in its current form, would certainly affect the fresh produce industry.<hr class="legacyRuler"><hr class="legacyRuler"><hr class="invisible minimal-padding">Mexico's Congress is expected to fast-track debates regarding what economic and legal experts are calling a "flawed" antitrust bill, according to the Financial Times.<hr class="legacyRuler"><hr class="legacyRuler"><hr class="invisible minimal-padding">"Problematic elements" are contained within the bill, according to a paper by Anne Perrot, former vice-president of France's competition authority; and Assimakis Komninos, former member of the antitrust regulator in Greece.<hr class="legacyRuler"><hr class="legacyRuler"><hr class="invisible minimal-padding">There is a vague reference to "barriers to competition" which the bill would punish by allowing for the regulation of access to "essential inputs."<hr class="legacyRuler"><hr class="legacyRuler"><hr class="invisible minimal-padding">Experts suggest these terms are difficult to define and therefore leave things too open-ended for government regulators. Mexico's competition authority, Cofece, would then order violators to sell off assets.<hr class="legacyRuler"><hr class="legacyRuler"><hr class="invisible minimal-padding">Alejandra Palacios, Chief of Cofece, told a hearing, "With this draft bill, competition policy is no longer only circumscribed to halting and sanctioning anti-competitive practices, but to establishing free-market conditions by eliminating barriers to competition and permitting the regulation of essential inputs."<hr class="legacyRuler"><hr class="legacyRuler"><hr class="invisible minimal-padding">"Legislative innovations in the competition law area may be based on good intentions," wrote Ms. Perrot and Mr. Komninos. "But it is always a good idea to run a sanity check."<hr class="legacyRuler"><hr class="legacyRuler"><hr class="invisible minimal-padding">While it is difficult to predict how this law will be enforced, it appears to give sweeping powers to the Mexican Government's regulators, and some fear this may undermine investor confidence.</p><hr class="legacyRuler"><hr class="invisible minimal-padding">