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Published online by Cambridge University Press: 27 February 2017
[The Introductory Note and English translation were prepared for International Legal Materials by Jorge A. Vargas, Professor of Law, University of San Diego School of Law, and I.L.M. Corresponding Editor for Mexico. The official Spanish language text may be found in the Mexican Diario Oficial de la Federadon of December 24, 1992.]
1 Comisión Federal de Competencia. Annual Report 93-94. Mexico City, June 22, 1994 at 9.
2 Ley Orgánica del Artículo 28 Constitutional en Materia de Monopolios (D. O.of August 31, 1934), and its subsequent amendments.
3 Ley sobre Atribuciones del Ejecutivo Federal en Materia Económica (D. O. of December 30, 1950), and its subsequent amendments.
4 Ley de Industrias de Transformación (D.O.of May 13, 1941).
5 Ley de Asociaciones de Productores para la Distributión y Venta de sus Productos (D. O.of June 15, 1937).
6 Art. 28, para. 4, Mexican Constitution. For the complete list of these “strategic areas,” see Art. 5 of Mexico's Foreign Investment Act of 1993, 33 I.L.M. 207 (1994) at 213.
7 See Ley Federal De Competencia Economica (The Federal Act of Economic Competition). Comisión Federal de Competencia, 2nd ed., México, February 1994 (hereinafter Ley Federal).) This pamphlet should be complemented with the recently published FCC's Annual Report 1993-1994. So far, these two documents offer the most complete and up to date information on the procedures and especially the policies of the FCC.
8 see “Presentation,” Id. at 4.
9 Id. at 10. In Mexico, these practices are commonly known as “horizontal practices” because they take place among competing corporations. In the United States these practices are known as the per se rule.
10 Id. at 11.
11 Id. at 12. In the United States these practices are known as the rule of reason.
12 Id. at 12-13.
13 Id. at 13-18.
14 Id. at 19-21.
15 Id. at 21-23.
16 This information has been taken directly from the pamphlet. Id. at 21.
17 Id. at 22.
18 Id. at 24.
19 FECCO's Art. 20 stipulates different monetary amounts for those transactions that must be reported to the FCC. Pursuant to Art. 20, para. I, of FECCO, twelve million times the minimum general wage of the Federal District (Mexico City), which is 18.25 Nuevos Pesos, amounts to $3,650,000 million dollars or 219 million Nuevos Pesos at a rate of 6 Nuevos Pesos per one U.S. dollar).
20 See LEY FEDERAL, supra note 7 at 26-28.
21 Id. at 29. See also the FECCO's Art. 21, para. Ill, in fine.
22 Id. at 30. As a result of this administrative autonomy, the FCC has its own separate budget with complete authority over it.
23 The fifth Commissioner expected is to be appointed soon by the President of Mexico.
24 The FCC address is: Commission Federal de Competencia, Tamaulipas No. 150, Colonia Hipódromo Condesa, Mèxico, D.F. 06140, Mexico City. Its telephone is: 286-2392.
25 Id. at 31.
26 See LEY FEDERAL, supra note 7 at 33.
27 Id. at 35.
28 Id. at 36, 43 and 45, respectively.
29 Id. at 11.
30 Id.
31 Id. at 12.
32 Id.
33 Id. i. at 12-13.