Adoption of Criminal Penalties for Hard Core Cartels in Mexico
| DOI | 10.1177/203228441100200204 |
| Published date | 01 June 2011 |
| Author | Carlos Mena-Labarthe,Carla Arozarena-Balestra |
| Date | 01 June 2011 |
| Subject Matter | Analysis and Opinions |
148 I ntersentia
ADoPtIon oF CRIMInAL PenALtIes FoR
HARD CoRe CARteLs In MeXICo
C M-L* and
C A-B**
ABSTRACT
is article d escribes the general framework of Mexican competition law and its
evolution, in orde r to analyse the current anti-cartel regime and ex plain the recent
decision by the Mexican l egislature tot criminalise cartel ac tivity.
1. INTRODUCTION
Responding to public pressure, a major reform to competit ion law provisions in
Mexico has been enacted. One of t he major changes is the cr iminalisation of cartel
conduct.
On 10 May 2011 an act of amendments to the competition law and to the crimina l
code was published in the Mexican federa l ocial gazette. Such legal reforms became
eective as of 11 May 2011 and include major changes rega rding competition
enforcement in general, but arguably the most important change is the criminalisation
of hard core c artels. Other a mendments include higher nes for any violation to t he
competition law, w hich may now a mount to up to ten percent of revenues; surprise
searches; fur ther clarications to the leniency prog ram; a reduction on the burden of
notication procedures for mergers or acquisitions; a new provision on joint
dominance; and inst itutional changes, among others.
Regarding crimina l provisions, before the recent amendments were approved,
there were no real crimina l sanctions for cartel conduct in Mexico. ere were only
certain oenses set forth in the Federal Criminal Code related to competition matters,
* Director General, Cartel and Interstate Commerce Restrictions Division, Mexica n Federa l
Competition Com mission (CFC) and Competiti on Law professor at ITAM University.
** Case leader, CFC. e opi nions of the authors do not reect t he position of the CFC.
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