Since the establishment of a comprehensive legal framework for economic competition in Mexico in 1992, competition policy and its public enforcement have significantly evolved. However, effectively compensating individuals for damages and losses resulting from antitrust violations remains an important challenge. Although the Federal Economic Competition Law enacted in 1992 expressly contemplated private actions to claim damages caused by anti-competitive, 30 years later, there have been only a limited number of initiated cases, with virtually no final ruling resulting in effective damage payments.
Unraveling the Cases
Only four cases involving antitrust damages claims have been clearly identified in México. An additional case acknowledged the relevance of publicizing the identity of antitrust offenders to facilitate redress actions. A detailed analysis of these cases up to 2018 can be found in the Organization for Economic Cooperation and Development (OECD) study titled “Individual and Collective Private Enforcement of Competition Law: Insights forOngoing judicial proceedings and limited publicity have made it difficult to monitor the progress and initiation of new cases. Nonetheless, it is highly probable that one or more cases are in progress. Legal uncertainties and procedural obstacles have deterred redress actions. The OECD’s 2018 study offers specific recommendations that should be revisited.