On April 8, 2020, the Federal Economic Competition Commission (“Commission” or “COFECE”) published in the Federal Official Gazette new guidelines for the notification of concentrations (“Guidelines”), and vacated the guidelines issued in 2015 and amended in 2017.
These Guidelines, (i) include new interpretations on the thresholds that trigger concentration notices before COFECE, (ii) include a new section that provides elements that help to consider under which assumptions collaboration agreements or operations identified as joint ventures may be subject of a notification of concentration, and, (iii) clarify some concepts related to transactions in which economic agents involved are in precarious economic conditions (failing business).