What antitrust approvals are required for a cross-border merger in Mexico and typical timelines?
Lawyer Answers
Ojeda y Caro S. C.
This is a complex jurisdictional matter; In Mexico COFECE must be notified if the Transaction value exceeds US$ 101.5 million approx. if not penalties ( fines) up to 10% of the annual income of the economic agent and illegality of the transaction.
Other jurisdictions should be considered depending on the global and local turnovers/assets of the parties where they have operations or related operations.
The Mexican process is two phases: 15 to 20 working days for the initial one, and the second form 1 to 2 months fro simple cases and 6 to 8 for more complex ones. some others up to 12 months.
Due diligence and general legal and financial documents vary from case to case, requiring close and carefully gathering and legal review before filing.
Basic but not limited to
a. All core party-related corporate and transaction documents
b. Tax, financial, and market-related data
C. Information on the Party's Relationship (formal and informal), National and International Operations, and jurisdictions
D. Anti-money laundering and BFO verification of all related parties
Additional information may and will be requested.
Our FIrm is in position to provide
Early Antitrust Counsel
Multi-jurisdictional Analysis
Early Document Gathering, Verification, and preparation
Prefiling evalutaion anf Filing formating
Please contact us directly for a general conversation at no cost to be in a position to provide a general overview.
Our firm has extensive experience in cross-border M&A transactions.
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