economic competition

Services in Economic Competition

At Bata Benítez & Asociados, acompañamos a empresas nacionales e internacionales en la correcta interpretación y cumplimiento de la normativa aplicable en materia de economic competition, incluyendo la Ley Federal de Competencia Económica (LFCE), su Reglamento, disposiciones complementarias y criterios técnicos emitidos por la Comisión Federal de Competencia Económica (COFECE), así como por el Instituto Federal de Telecomunicaciones (IFT) cuando se trata de mercados sujetos a su competencia regulatoria. Nuestro equipo asesora a empresas en la prevención de prácticas monopólicas absolutas y relativas, abuso de posición dominante, acuerdos colusorios, restricciones verticales y en el análisis y notificación de operaciones de concentración, buscando minimizar riesgos regulatorios y proteger la reputación corporativa en mercados altamente competitivos.

We have professionals specializing in economic law, financial analysis, econometrics, and market evaluation , capable of integrating legal and technical criteria into every recommendation. This multidisciplinary approach allows us to offer solutions that not only ensure regulatory compliance but also strengthen our clients' competitiveness and strategic position within their industry. We incorporate economic modeling tools, elasticity analysis, substantial market power assessments, and studies of competitive structure and dynamics .

We conduct competitive impact studies , legal risk assessments, and preventive analyses prior to mergers, acquisitions, business integrations, distribution agreements, vertical integration agreements, and commercial strategies . This allows us to identify barriers to entry, risks of sanctions, potential anticompetitive effects, and strategic market opportunities. We also assess the obligation to notify COFECE of mergers, in accordance with the thresholds established in the LFCE, preventing contingencies arising from omissions or improper structures.

We develop internal antitrust compliance programs tailored to each company's structure, size, and sector to ensure that managers, employees, and sales teams understand and adhere to regulations. These programs include regular training, regulatory scenario simulations, reviews of commercial policies, internal audits, competitor interaction protocols, and guidelines for trade fairs, chambers of commerce, and industry associations , fostering a corporate culture based on ethics, transparency, and accountability.

In situations involving investigations, verification visits (dawn raids), sanctioning procedures, imposition of precautionary measures, or administrative appeals before COFECE or specialized courts, we represent our clients with robust legal strategies that include legal-economic analysis, collection and evaluation of evidence, preparation of technical arguments, coordination with specialized experts, and design of corrective plans to mitigate liabilities.

We defend companies in litigation, constitutional appeals, and other legal proceedings , protecting their strategic, financial, and reputational interests, as well as the continuity of their operations. Our experience allows us to respond effectively to dynamic regulatory environments, changes in public policy, interpretive criteria, and international competition trends.

Our ultimate goal is to integrate technical expertise, regulatory knowledge, and strategic vision , ensuring that every corporate decision contributes to the sustained, competitive, and legally secure growth of our clients, strengthening their market position and protecting their business reputation.

Economic Competition Consulting
The applicable legal framework has become increasingly complex and can involve the imposition of significant economic sanctions and even criminal liability in certain cases. Furthermore, the Federal Economic Competition Commission (the Commission) has adopted a strict stance regarding compliance with current regulations. Consequently, competition matters require specialized attention and advice to prevent risks and contingencies in companies' daily operations.
Hiring Notification
In some cases, certain transactions must be notified to the Commission or the Federal Telecommunications Institute for authorization before completion. In addition to complying with the notification process when applicable, it is important that competition regulations be respected during the negotiation and review of the transaction—whether or not it requires notification—especially when competing companies are involved.
Investigations and Procedures Followed in the Form of a Trial
Investigations by the Commission and the Institute into potential violations of competition law require expert advice. They can have significant consequences, including claims for damages, and are further complicated by the immunity program. During legal proceedings, it is crucial to proceed with caution to mitigate potential liability.
Economic Competition Compliance Consulting
A key element of competition law compliance is prevention, achieved through the implementation of internal mechanisms that avoid penalties or reduce liability in the event of an investigation. These mechanisms include developing competition policies and codes of conduct, training key officials, and implementing whistleblowing systems.
Licenses and Market Conditions
Some markets with specific regulations require the opinion or ruling of competition authorities for the granting of licenses, concessions, or permits, and our firm is qualified to provide these services. In addition, we advise on proceedings related to market conditions or substantial market power, both in broadcasting and telecommunications and in other sectors.
Government Entity Advising
Our firm provides advice to public entities on compliance with competition laws applicable to their programs, policies and projects, as well as on their representation before the authorities when appropriate.

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Contact us for a strategic review of brands, contracts, and vulnerable activities.

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