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 13 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

Among all the clients that we have represented, the following stand out: Afore XXI Banorte, Banca Mifel, BBVA, Deloitte, Discovery Americas, Farmacias Similares, Ford, Grupo Aeroportuario del Pacífico, Grupo Modelo, Henkel, Herdez, Kuo-Desc, Marzam, Pensiones Banorte, PepsiCo - Sabritas, Soriana, Telefónica Movistar, TFM - Kansas City Railroad, Toyota, Traxión, TV Azteca, Volkswagen, Verizon and Xerox.

Languages Spoken

English and Spanish.

Work Highlights

The firm advised a related party of Grupo Herdez in a maritime diesel cartel conduct investigation. We designed the strategy for both the trial like procedure by the Investigations Authority and the administrative trial procedure. We reverted the indictment of the Investigations Authority in a 6-1vote by the Commissioners of COFECE.

Also, the firm advised the Flex N Gate group in the merger control procedure before the Mexican competition authority, for the acquisition of the hydroformed automotive parts business from Stellantis. The clearance was obtained without undertakings.

Industry Sector Expertise

Competition / Antitrust Law

Telecommunications Law

Expert in these Jurisdictions

Mexico

Education