México
New fees payable for the review of merger control notifications and certain general services
Key Aspects:
- New tiered merger control filing fees based on Maximum Estimated Value (“MEV”) of the transaction in Mexico. The fees range from MXN $882,158 to $6,015,098 (plus VAT), approximately USD $46,429 - $316,584.
- Application of new fees. The fees apply to merger control filings, as well as gun jumping investigations, without prejudice to any sanctions.
- Justification of the MEV. Notifying parties must justify the selected MEV in the filing, under oath statement. The CNA may question the selected tier and, if applicable, require clarifications and/or the balance.
- Evaluation of MEV at closing. Upon closing, the notifying parties must provide information enabling the CNA to determine the final transaction value using the highest valuation criterion. If the MEV considered for the payment of the filing fee was below the value effectively transferred at closing, the parties must pay the corresponding fee difference.