Competition

Mexico - Competition Law and Policy

 

‌‌As an OECD member since 1994, Mexico participates actively in Competition Committee meetings and Forums. In 2007, it hosted the 5th meeting of the OECD-IDB Latin American and Caribbean Competition Forum. The OECD also works closely with the Mexican government  on a variety of projects in order to enhance competition policy and legislation, notably through implementation of the Competition Assessment Toolkit and the Guidelines for Fighting Bid Rigging in Public Procurement.  

Date of Publication:
24 October 2018

Standard Setting and Competition in Mexico 2018 

This report first describes the anti and pro-competitive effects of standards to then analyse the Mexican standardisation process to issue both technical regulations and standards.

It also offers an overview of the best regulatory practices in standards setting and a guidance to analyse the impact of standards in the market while providing a series of recommendations to improve the Mexican standardisation process

» Access the report

 

 


Date of Publication:
24 October 2018

Market examinations in Mexico: Case study of the chicken meat market, 2018 

This report analyses the market for the production, distribution and marketing of chicken meat in Mexico and provides a series of recommendations to local authorities and government to improve the whole efficiency of the market.

» Access the report

 


Date of Publication:
25 October 2018

Individual and Collective Private Enforcement of Competition Law: Insights for Mexico 2018 

This Report provides an overview of international practices regarding private competition enforcement. 

It identifies and discusses the various elements that frame successful private competition enforcement regimes around the world, and compiles international experiences in this respect. It concludes with a number of recommendations for Mexico as it seeks to implement a fair, effective and manageable system of private competition enforcement.

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Date of Publication:
25 October 2018

Digital platforms and competition in Mexico 2018 

Technological advances, together with increased internet penetration, have created the perfect environment for the development of digital platforms in Mexico and these platforms raise new regulatory and competitive challenges.

This report provides a general description of the main economic features of digital platforms in Mexico, focusing e-commerce, FinTech and ride-sourcing applications. It also addresses the main challenges competition authorities may face when handling cases concerning digital platforms 

» Access the report 

 

 


Date of Publication:
25 October 2018

Fighting Bid Rigging in IMSS procurement: Impact of OECD Recommendations

IMSS is the largest social-security system in Mexico. It is also the second largest public procurer and by far the country’s largest public buyer of health products. In 2011, the OECD made more than 20 recommendations to IMSS on how to improve procurement procedures to avoid collusion among suppliers. Five years later, in 2016, IMSS invited the OECD to assess the status and implementation of the 2011 recommendations and to analyse their impact on procurement outcomes.

This report assesses the status and implementation of the 2011 OECD recommendations, analyses the impact of the changes in IMSS procurement practices on procurement processes and provides an action plan on how to implement any unadopted recommendations and further improve IMSS’s procurement practices

» Access the report


Date of Publication:
10 January 2018

Fighting Bid Rigging in Mexico: A review of CFE procurement rules and practices  

The Mexican Electricity Federal Commission (Comisión Federal de Electricidad, CFE) is at a key juncture in its long history. The 2013 reform of the energy sector opened the activities of generation and sale of electricity to private investments, pushing CFE to seek further efficiencies and cost savings to respond to the increasing competition that it will be facing in the near future from domestic and foreign competitors. 

After a first report issued about CFE's procurement system, CFE has once again asked the OECD to analyse if its procurement regime is aligned with the recommendations of the 2015 CFE Report.

The 2018 OECD report was launched in Mexico on 10 January 2018 by OECD SG Gurría, the Mexican Minister of Energy Pedro Joaquín Coldwell and CFE’s Director General Jaime Hernández Martínez. 

» Access the report and its highlights brochure 

 

Background

Mexico has partnered with the OECD to improve its procurement practices and step up its fight against bid rigging through the implementation of the OECD Guidelines for Fighting Bid Rigging in Public Procurement.

Several reports resulting from these partnerships have been issued to date. Access all reports 


Date of Publication:
09 January 2018

 

Competition Assessment Reviews: Mexico

Many of Mexico’s product markets remain among the most heavily regulated in the OECD. These structural flaws adversely affect the ability of firms to effectively compete in the markets and hamper innovation, efficiency and productivity. Against this backdrop, this report analyses Mexican legislation in the medicine (production, wholesale, retail) and meat sector (animal feed, growing of animals, slaughterhouses, wholesale and retail) along the vertical supply chain.

Using the OECD Competition Assessment Toolkit to structure the analysis, the report reviews 228 pieces of legislation and identifies 107 legal provisions which could be removed or amended to lift regulatory barriers to competition. The analysis of the legislation and of the Mexican sectors has been complemented by research into international experience and consultation with stakeholders from the public and private sectors. The OECD has developed recommendations to remove or modify the provisions in order to be less restrictive for suppliers and consumers, while still achieving Mexican policy makers’ initial objectives. This report identifies the potential benefits of the recommendations and, where possible, provides quantitative estimates.

» Access the report  •  Descargue el informe 

 

Background

Greece and Romania have already undergone a similar review of competition laws and regulations in selected sectors.  Learn more at Competition Assessment Toolkit page.


Date of Publication:
11 January 2017

 

Fighting Bid Rigging in Public Procurement: A review of the procurement rules and practices of PEMEX in Mexico 

PEMEX, one of the largest oil companies in the world with 150 000 employees and an annual budget in 2015 of about MXN 570 billion, is also the largest purchaser of goods and services in the Mexican public sector. In 2013, a reform opened the energy sector to competition while keeping the ownership of Mexico’s hydrocarbons under state control. Following this reform, PEMEX is subject to new procurement rules that aim to make procurement processes more efficient and effective.

The OECD analysed the new regime and procurement procedures of PEMEX. The resulting report presents the main findings and provides recommendations to promote competition and fight bid rigging in accordance with international best practices.

The report was launched on11 January 2017 in Mexico city in presence of OECD Secretary-General Angel Gurría, PEMEX's DG José Antonio Gonzáles Anaya and José Antonio Meade Kuribreña, Mexico's Secretary of Finance.

» Access the report  

» Descargue el informe

Background

Mexico has partnered with the OECD to improve its procurement practices and step up its fight against bid rigging through the implementation of the OECD Guidelines for Fighting Bid Rigging in Public Procurement.

Several reports resulting from these partnerships have been issued to date. Access all reports 


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Date of Publication:
9 January 2017

Forthcoming

The resolution of competition cases by specialised and generalists courts: Stocktaking of international experiences

In the framework of a project with the Mexican Ministry of Economy, this report provides an overview of international experiences and best practices regarding the role of courts in the implementation of competition policy. It presents different institutional designs, the role of courts, courts specialisation and their benefits as well as their relationship with other government bodies and stakeholders. 

The report was launched Monday 9 January 2017 in Mexico city in presence of OECD Secretary-General Angel Gurría.

» Access the report  

» Descargue el informe


Date of Publication:
10 December 2016

Market Examinations in Mexico: A manual by the OECD Secretariat

In the framework of an OECD project with the Mexican Ministry of Economy, this manual provides guidance on how to carry out an inquiry or examination into a particular market when there is a suspicion or indication that a market is not functioning well.

It explains what market examinations are as well as their purposes, intended outcomes and substantive content.

Although the manual describes the Mexican experience, it could be used as a non-binding proactive tool to be applied on a case-by-case basis on a standardised and flexible framework that seeks to provide greater clarity to procedures used in market examinations.

» Access the manual  

» Descargue el manual


Competition and market studies in Latin America

Date of Publication:
18 March 2015
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Competition and Market Studies in Latin America

Mexico is one of six Latin American countries who participated in a 2014 project to better understand how market studies are carried out and what can be done to improve them. More about the project

The resulting report outlines the current status of market studies in Chile, Colombia, Costa Rica, Mexico, Panama and Peru. It describes good practices, identifies areas for improvement and provides recommendations on how to make better use of this competition tool.

» View the publication highlights on Slideshare

» Access the report » Descargue el informe

» News release  » Comunicado de prensa


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Fighting bid rigging in government contracts in Mexico

Mexico has partnered with the OECD to improve its procurement practices and step up its fight against bid rigging. When Mexico's Social Security Department signed a Memorandum of Understanding with the OECD and Mexico's Competition Commission in January 2011, it became the first public agency in Mexico (and in the world) to formally commit to adopt and implement the OECD Competition Committee’s Guidelines for Fighting Bid Rigging in Public Procurement.

Four reports resulting from these partnerships have been issued to date.

See also: 
2015 CFE Report | OECD-Mexico partnership page 


Follow-up to the Nine Peer Reviews of Competition Law and Policy of Latin American Countries - cover

Follow-up to the Nine Peer Reviews of Competition Law and Policy of Latin American Countries - 2012

» Download  English (pdf) | Español (pdf)

 

Mexico was one of the nine countries reviewed in this 2012 follow-up study which focuses on two specific themes:

  • the impact of the authority’s work on pro-competitive regulatory reforms
  • the application of case prioritisation and selection criteria.
 

Strengthening the Competition Framework in Mexico

In 2008, Mexico and the OECD launched a project to improve the competitiveness of the Mexican economy by reforming and modifying the regulatory and institutional framework, building on the OECD’s Competition Assessment Toolkit.

This multi-year project focuses on increasing competition in product markets. 

 

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 Peer Reviews of Competition Law and Policy in Latin America: A Follow-Up (2007)


>> Download  
English (pdf) | Español (pdf)


Mexico was one of the five countries reviewed in this 2007 follow-up report on competition developments.

The study aimed at assessing the impact that the previous peer reviews and recommendations had on competition policy and agencies.

 

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Competition Law and Policy in Mexico: A Peer Review (2004)

>> Download the report 
 
     English (pdf) | Español (pdf) | Français (pdf) 

A first OECD study of Mexico’s competition regime was made in 1998. In 2004, the Mexico underwent a peer review of its competition law and policy by the OECD Competition Committee which was funded by the Inter-American Development Bank. This study updates the 1998 report and assesses the development and application of competition law and policy until 2004.

 

 

Studies from the OECD’s Regulatory Reform Programme (1998)

Mexico’s competition regime was first examined in 1998 as part of a larger OECD regulatory reform study. Two background reports on competition matters were issued:

 

 

Latin American competition work

OECD work on Competition 

Annual Report on recent competition developments

In the framework of its participation at the Competition Committee, Mexico's competition agencies submit every year a report on recent developments in the field of competition. 

Available reports:

2017 2016 | 2015 | 2014 | 2013 

Access annual reports from Competition Agencies by country

 

 

LINKS:

Other Latin American competition reviews 

Competition home page 

All country reviews

 

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