Enrique de la Peña Fajardo

Practice Areas

Enrique's practice focuses in competition and antitrust, covering the whole spectrum: merger control (pre-merger notifications and opposition to illegal concentrations), competition administrative litigation (cartel conduct, abuse of dominance / vertical restraints and illegal concentrations), preventive measures and risk assessment, declarations of dominant position, barriers to competition and essential inputs, favourable opinions and judicial antitrust litigation (before federal courts and the Supreme Court). Also, he has vast expericience in telecommunications law.

Career

His practice in Valdes Abascal Abogados SC focuses mainly on merger control and in the defence of economic agents before the Federal Competition Commission and the Federal Courts, who are involved in cartel conducts, dominance abuse and illegal concentrations, as well as the promotion of complaints for said conducts. He has been practicing competition and antitrust for 11 years now. In this time, he successfully climbed the ladder from junior associate to senior partner within the firm. In 2023, he was included among the professors for the post graduate courses of competition and antitrust of the National Illustrious Mexican Bar.

Professional Memberships

Enrique de la Peña is member of the antitrust section of the American Bar Association and of the Merger Control Working Group of the International Competition Network.

Publications

He has coauthored the Mexico chapter in several editions of the following specialized publications: Cartel Conduct, Dominance and The Merger Control Review (Law Business Research Editorial).

Clients

Afore XXI Banorte, Apollo Global Management, Eletrisola, Ford, Grupo Herdez, Grupo Kuo, Marzam, Rea Magnet Wire, Toyota, Traxion, Trayecto, Verizon, among others.

Work Highlights

He advised both Elektrisola and Rea Magnet Wire, in the acquisition of Rea Magnet Wire by Elektrisola. In 2017, Rea Magnet Wire and Xignus notified their intention of implementing a JV but it was blocked by COFECE. In such case, the relevant market was defined as all types of magnet wire. To obtain the approval, the firm managed to overturn this precedent by defining two relevant markets: heavy magnet wire and fine magnet wire. Also, he represented both Grupo Transportes Monterrey and Transportes Larmex in the merger control procedure before the Mexican competition authority, for the merger of these two entities whose new name is Trayecto. The transaction represented the merger of agents number 1 and 9 in the ground transportation market. After a detailed review of the case, the clearance was obtained under a no barriers to competition argument.

Languages Spoken

English

Education