Mexico. The Federal Institute of Telecommunications, IFT, published the Guide to Merger Control in the Telecommunications and Broadcasting Sectors, which presents non-binding information and general guidance on the application of merger controls in the telecommunications and broadcasting sectors.
It is a document that brings together guiding elements for economic agents on some concepts, procedures, evaluation and resolutions on concentrations contained in the CPEUM, the LFCE, the LFTR and the decision-making precedents, both of the Institute and the Judicial Power of the Federation. These elements do not prejudge or extend to other procedures provided for in the LFCE and the LFTR. Nor are they binding on the IFT, which will exercise its powers of analysis and decision in each case.
In the area of concentrations, there is the constitutional right of individuals to free association and the performance of economic activities as part of individual rights. The CPEUM also establishes the power of the Institute to prevent and, where appropriate, investigate and combat concentrations that restrict the efficient functioning of markets and are contrary to the public interest.
In the telecommunications and broadcasting sectors, the Institute acts as the economic competition authority, and therefore has the power to apply preventive and post-merger controls, in terms of the provisions of the CPEUM, the LFCE and the LFTR. In this way, it has the specialization and the ability to analyze concentrations in an integral way, through convergent criteria and procedures and subject to administrative simplification.
For the full IFT document, click here.