The Investigating Authority of the Federal Economic Competition Commission published on 12 October 2022, a notice initiating an investigation, for alleged anticompetitive conduct of horizontal monopolistic practices (or cartel practices) in the market of public procurement procedures for the acquisition, leasing, maintenance services and managed services of information and communication technologies.
On 27 September 2022, the Ibero-American Network for the Protection of Personal Data published the Guide for the Implementation of Standard Contractual Clauses for the International Transfer of Personal Data, which sets out certain aspects to be considered when making international transfers of personal data through the use of standard contractual clauses. The Guide includes non-binding guidance for those who make ITPD from member countries of the RIPD to non-adequate jurisdictions.
Let’s Talk Climate Crisis (Hablemos de la Crisis Ambiental) is a sustainability project of the Corporate Social Responsibility area of Baker McKenzie Mexico that invites the audience to reflect on the environmental and climate crisis through a series of webinars. The goal is to collectively build proposals for a sustainable and inclusive world based on human rights and the principles of equality and justice by recognizing ourselves as active subjects in the construction of knowledge and in the solutions. The podcast is available in Spanish only.
In this Quick Chat video, our Labor and Employment and Tax lawyers discuss some of the most frequently asked questions regarding the Subcontracting Reform’s 2022 Inspection Program, through which authorities from the Ministries of Labor, Social Security and Tax plan to ensure that companies providing and contracting services comply with the regulations of the Subcontracting regime.
On 26 July 2022, the Energy Regulatory Commission submitted before the National Regulatory Improvement Commission a preliminary document draft of the General Administrative Provisions that establishes (i) new obligations and compliance procedures for commercialization and distribution permit holders of oil-refined products or petrochemicals, as well as (ii) new requirements and procedures for applications to secure permits before CRE.
On 13 July 2021, the Federal Economic Competition Commission published in the Federal Official Gazette the notice regarding the initiation of an investigation due to possible absolute monopolistic practices allegedly carried out in the market for maritime transportation services in the state of Quintana Roo.
Absolute monopolistic practices are anti-competitive agreements, contracts or arrangements between competing economic agents, whose object or effect is the manipulation of prices, restriction or limitation of supply or demand, division or segmentation of markets, agreement or coordination of bids in auctions, as well as the exchange of information between competitors to carry out any of the aforementioned conducts. These practices can also be referred to as horizontal or cartel practices.
What’s changed?
On 15 July 2022, the Ministry of Labor and Social Welfare published the Draft from Official Mexican Standard called PROY-NOM-037-STPS-2022 regarding health and safety standards for telework, understood as the:
“way of subordinate labor organization consisting of the performance of paid activities at different places from original workplace for which the physical presence of teleworker is not necessary required in it, using information and communication technologies contact and control between the teleworker and the employer.”
The standard will be applied throughout the Mexican Republic to employers and work centers with employees who telework for more than 40% of their weekly working hours.
Under section 1916 of the Civil Code of Mexico City and the equivalent law in other states of the country, “moral damage” is defined as the profound alteration that a person suffers in their feelings, affections, beliefs, decorum, honor, reputation, private life, configuration and physical aspects, or to the regard in which they are held by others produced by an act, activity, conduct or illicit behavior. Employees may, in civil proceedings, sue a company for moral damages due to discriminatory treatment during the employment relationship or at the time of dismissal.
On 30 June 2022, the Investigative Authority of the Federal Economic Competition Commission (COFECE) published notice of the initiation of an investigation into the national market for federal passenger transport (“Market under Investigation”). The investigation is to identify, and where appropriate, determine, the existence of barriers to competition and free competition, and/or essential inputs in the Market under Investigation, which utilize terminals for passenger pick-up and drop-off, and related services.
On 22 June 2022, the Commissioners of the Federal Economic Competition Commission (COFECE) approved conducting a research study on competition in the digital financial services market. The Market Study’s purpose is to analyze the structure, operation and regulatory framework of the digital financial services sector in Mexico.
The digital financial services considered in the study include electronic payment and crowdfunding services, those offered by Financial Technology Institutions, also known as Fintech, which are regulated by the Law to Regulate Financial Technology Institutions.
According to COFECE, the Market Study is important because the financial services sector contributes a significant percentage of the country’s Gross Domestic Product, and digital financial services can also influence the financial options available to users and facilitates credit access to small and medium-sized companies.