INTERVIEW : MEXIQUE - FEDERAL COMPETITION COMMISSION – PRESIDENT – POLITIQUE DE CONCURRENCE - PROCEDURE

Eduardo PEREZ MOTTA, Mexican Federal Competition Commission: Advocate globally, act locally

1. You were appointed President of the Mexican Federal Competition Commission (“CFC”) in September 2004. What are your general reflections about Mexican competition law enforcement and policy during your tenure? 

2. In December 2012, Mexico’s new President, Enrique Peña Nieto, together with the three main political parties in Mexico, signed a “Pacto por México” which outlines the administration’s goals for the coming years. Notably, the Pacto includes as one of main goals increased competition and sound competition policy, particularly in telecommunications, transport, financial services, and energy. How do you perceive this announcement?

3. In April 2011, the CFC fined Telcel, the leading mobile provider in Mexico, an unprecedented US $1 billion for anticompetitive unilateral conduct related to the way it charged its competitors for for terminating their calls on the Telcel mobile telephone network. Telcel petitioned for reconsideration, and in May 2012, the CFC decided to revoke the fine and instead accept the commitments offered by Telcel to address the alleged anticompetitive conduct. While I understand you were personally recused from the case, can you explain why the CFC decided to accept the proposed commitments in lieu of a fine?

4. You referred to the 2011 major amendments to the competition law. Can you tell us more about those amendments and how have they affected CFC’s competition law enforcement?

5. How has the CFC’s international engagement influenced the domestic agenda?

6. You mentioned the ICN in your last answer. In April, you were elected ICN Chair. What are your priorities as chair? What initiatives will you continue from your predecessor and what new initiatives do you want to start? What concretely do you hope to realize in your tenure?

7. How have your experiences at the CFC shaped your ambition for the ICN?

8. The ICN has started new multi-year projects on agency investigative process and enforcement cooperation. What are ICN’s plans for these two topics? 

9. You have just mentioned recommended practices. From 2002, the ICN produced recommended practices on a yearly basis. You recently observed that the ICN has not published any recommended practices for more than two years. Why do you think this is the case? Has the ICN moved away from recommended practices towards ’softer’ forms of guidance such as toolkits and manuals? If not, what would you like the next set of recommended practices to cover? 

10. What are the most significant challenges for the ICN going forward?

Interview conducted by Gerardo Calderón-Villegas, Baker & McKenzie, Mexico.

President Federal Competition Commission, Mexico 2011 to present ICN Steering Group Chair 2004 to present President, Federal Competition Commission, Mexico City 2001-2004 Ambassador to the World Trade Organization, Geneva 1998-2001 Head of the Ministry of the Economy’s Representation Office in Brussels, Brussels 1992-1998 Director General of Industrial Policy and Chief of Staff, Ministry of the Economy, Mexico City You were appointed President of the Mexican Federal Competition Commission (“CFC”) in September 2004. What are your general reflections about Mexican competition law enforcement and policy during your tenure? When I was appointed President, I had just finished representing Mexico for six years in international trade issues, first as the head of the Ministry of

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Eduardo Perez-Motta, Eduardo PEREZ MOTTA, Mexican Federal Competition Commission: Advocate globally, act locally, February 2013, Concurrences Review N° 1-2013, Art. N° 50515, pp. 9-15

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