Issue #
December 2008

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Jurisprudence on Economic Agents

December 17, 2008

During the month of September of this year, Mexico’s Supreme Court published opinion number 72/2008 with aheading that reads “Economic Agents. In order to be considered as such, their activity must transcend theeconomic activity of the State,” which was issued by the First Chamber of said court on July 2nd of this year, andby which the superior court held that, as provided in the Federal Antitrust Law, the operations and practicescarried out by such agents must be examined in order to determine whether an economic agent transcends theeconomic activity of the State or if it interferes with competition and free markets with its exertion of substantial economic power on a relevant market. Mexico’s Supreme Court has thus held that in order to be considered aneconomic agent, such agent’s activities must transcend the economic activities of the State, that is, its commercialgains must have an impact on competition and free markets.