Rafael Valdés Abascal

Practice Areas

Rafael's practice focuses mainly 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).

Career

Rafael has been practicing competition and antitrust in Mexico almost since the enactment of the first competition law. As he was appointed just two years after the creation of the Commission as executive secretary, he played a key role in the definition of substantive and procedural provisions contained in the competition legal framework, as well as of the criteria used for its interpretation and application. Before leaving this position, he drafted the Regulations of the former Federal Competition Law. Most of the provisions drafted by him are now part of the law that was enacted in 2014.

After leaving the Commission, he founded his law firm. Since then and for more than 25 years, he has been involved in several of the most emblematic cases of the competition and antitrust practice in Mexico.

Rafael has also collaborated as author in several publications and has participated as speaker in numerous seminars and conferences. He is head professor of competition and antitrust at the Universidad Panamericana Law School, one of the top 3 ranked law schools in Mexico, in both bachelor and master programs, and has been a member of the Academic Council of such university. He has also acted as invited professor in masters programs at the Instituto Tecnologico Autonomo de Mexico (ITAM) and the Universidad Iberoamericana.

Also, he was elected as head of the Antitrust Committee of the Business Lawyers National Bar Association (ANADE) for the 2011-2012, 2013-2014 and 2015-2016 periods. For several years, he has been invited by the Mexican competition commission as non- governmental advisor to the International Competition Network (ICN).

Professional Memberships

Rafael Valdés is member of the antitrust section of the American Bar Association.

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, among others.

Work Highlights

Rafael has been the lead counsel in some of the most emblematic cases of the competition and antitrust practice in Mexico: (i) the approval of the largest transaction that has taken place in the locomotive workshop services industry; (ii) the largest concentration that has been approved in the adhesives market in Mexico; (iii) a non-precedent alliance between retailers’ number 2, 3 and 4 in the market (please note that a per se rule is in force in Mexico) created to counteract the dominant company’s negotiation power; (iv) the approval of a joint venture to build and operate a liquefied natural gas receipt terminal, (v) the approval of one of the largest transactions in the processed foods industry; (vi) the largest transaction that has been approved in the retail industry, (vii) an important acquisition of natural gas pipelines and compression assets; (viii) the largest transaction that has been approved in the wood particle and fiber boards industry; (ix) opposition to a merger between two tequila producers and distributors; (x) opposition to a merger between a television broadcasting company and a radio broadcasting company; (xi) opposition to a merger between two railroad companies; (xii) representation of the complainant in a price squeezing case in the telecommunications market in which the defendant was sanctioned with the highest fine ever imposed by the competition authority (approximately 1 billion pesos); and (xiii) representation of the complainant in a refusal to deal case in the telecommunications market in which the competition authority fined and instructed the defendant to provide interconnection services to the complainant.

Languages Spoken

English