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New filing thresholds for concentrations - International Law Office

International Law Office

Competition & Antitrust - Mexico

New filing thresholds for concentrations

January 28 2010

The Federal Competition Law provides that filing thresholds are calculated on the basis of the general minimum daily wage in Mexico City. In 2010 the filing thresholds are 4.85% higher, as the general minimum daily wage has been increased from Ps54.80 to Ps57.46. Therefore, with effect from January 1 2010 a concentration must be notified to the Federal Competition Commission if:

  • the value of the transaction or series of transactions giving rise to the concentration, regardless of where such transactions take place, amounts directly or indirectly to Ps1.034 billion (approximately $79.6 million) in the Mexican territory;
  • the transaction or series of transactions giving rise to the concentration results in the acquisition of 35% or more of the assets or shares of an economic agent with assets or annual sales in the Mexican territory of over $1.034 billion; or
  • the transaction (i) results in an accumulation within the Mexican territory of assets or capital stock amounting to over Ps482.7 million (approximately $37.1 million), and (ii) involves two or more economic agents with worldwide assets or annual sales, jointly or separately, of over Ps2.758 billion (approximately $212 million).

For further information on this topic please contact Luis Gerardo García Santos Coy or José Ruíz López at Creel, García-Cuéllar, Aiza y Enríquez by telephone (+52 55 1105 0600), fax (+52 55 1105 0690) or email (luis.garcia@creelmx.com or jose.ruiz@creelmx.com).

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