Category: News

Mexican member firm Mijares, Angoitia, Cortés y Fuentes represented the Federación Mexicana de Fútbol Asociación, AC (FMF) and various soccer clubs in the investigation and proceeding instituted by the Comisión Federal de Competencia Económica (“COFECE”) in the market for the signing of professional soccer players, which dealt with no-poach agreements between competitors.

In June 2018, COFECE initiated ex officio an investigation (the “Investigation”) in the aforementioned market, with a view to investigate the practice known in the media as the “Pacto de Caballeros” consisting of an agreement between Liga MX Clubs that may have restricted the mobility of professional players without a non-contract according to COFECE. These types of practices are commonly known as no-poach agreements and constitute an absolute monopolistic practice in terms of the Federal Economic Competition Law (“FECL”).

In September 2021, COFECE issued a resolution in which it determined the liability of 17 Clubs of Liga MX for carrying out the practice, and the participation of the FMF and some individuals as coadjutants in the practice and imposed a total fine of MXP$177.6 million. After the resolution, the FMF and the sanctioned Clubs paid the fines imposed, in order to terminate the procedure, without challenging the Resolution.

The investigation is the first case initiated by COFECE in labor markets and is a clear example of the relevance that such markets are gaining in the competition policy of the competition authorities at an international level. Since several years ago, competition authorities have expressed their interest in investigating that labor markets operate under competitive conditions, and that employers (in their role as demanders of labor services) do not engage in conduct that implies coordination: (i) to fix labor benefits (e.g. wages or some benefit granted as a labor incentive); and/or (ii) to restrict workers’ mobility (with the consequent depression of wages).

The Investigation sets a precedent of the importance of economic competition law in the labor area, and a message to make companies aware that the LFCE is also applicable in the labor area of the companies and therefore of the importance of training their human resources areas.

The team that represented FMF was composed of partners Francisco Fuente and Carlos Orcí, as well as associate Patricio Rivas.

Affinitas member firm Gómez-Pinzón advised Onnet Fibra Colombia, a Kohlberg Kravis Roberts (KKR) subsidiary, on an agreement with Colombia Telecomunicaciones, a Telefónica subsidiary,  to acquire a 60% controlling stake of Telefónica Colombia’s existing fiber-to-the-home (FTTH) network. The advice consisted of acquisition, financing, regulatory and competition matters.

This deal is considered the largest private open access wholesale digital infrastructure investment ever made in the country and will provide broadband access to nearly 4.3 million Colombian homes in the next three years.

The acquisition was financed with the participation of Scotiabank Colpatria and Bancolombia, as senior banks in the financing, with commitments in its different tranches for USD 221,000,000.

The team that acted as Colombian counsel of KKR in this landmark project was led by partners Natalia García and Daniel Londoño and included the participation of the following practice areas: Corporate and M&A, Banking and Finance, Capital Markets, Technology, Communications and Data Protection, Tax and Competition.

Colombian member firm Gómez-Pinzón announced the appointment of three new partners to take on the challenge of continuing to position the firm as a leader in the Colombian legal market. With Paola Larrahondo, Nicolás Potdevin and Carolina Bobillier, from the Administrative, Constitutional and Insfrastructure, Customs and Tax practices, respectively, Gómez-Pinzón now has 22 partners in its team.

Nicolás Potdevin, specialized in Customs Law, has more than 18 years of professional experience in customs and international exchange matters, focused on foreign trade operations. He has advised national and international companies in customs and foreign exchange consulting, customs planning, free zone regime, business structuring, customs and foreign exchange auditing, as well as in litigation in these matters, both in administrative and contentious administrative proceedings.

“With this appointment, we have, in the customs practice, great challenges because we must continue to position it in the market and continue to grow our team. And, on the other hand, as a partner, my challenge will be to continue leading the practice so that it is possible to face, in an outstanding way, the investigations of the authorities, as well as the growing national and international consultancy“, says Nicolás.

In the Tax area, Carolina Bobillier was appointed as a new partner, thanks to her experience of more than 18 years in handling matters related to tax planning and structuring of projects, mergers and acquisitions and corporate reorganizations; international taxation in projects and business operations; attention to judicial and extrajudicial cases in tax matters, among others.

“The fact that with our appointment a 30 year old firm already has 22 partners, is a confirmation of the bet made by a company that grows and renews itself every day, where there is room for young professionals who will continue with the legacy of the lawyers who founded and believed in this cause, training new leaders to maintain what characterizes us as the quality, closeness and DNA of the firm, but recognizing that innovation and leadership of new professionals trained within Gómez-Pinzón are a guarantee and the way to continue growing and positioning ourselves in the market as a leading firm for many years to come“, says Carolina.

Carolina is a lawyer from Universidad de la Sabana and a specialist in Tax Law from Universidad del Rosario and has been part of important transactions and advisories in the country such as the reorganization of Bavaria, tax planning and restructuring of Avianca, tax planning and restructuring of companies in the hydrocarbon sector, tax advice in merger of Stock Exchanges and comprehensive advice to Metro de Bogotá – First Line.

On the other hand, Paola Larrahondo has more than 15 years of professional experience in the public and private sector and was appointed as partner of the Administrative, Constitutional and Infrastructure practice at Gómez-Pinzón.  During her career she has focused on administrative law, government contracting, design and monitoring of public policies, public-private partnerships (apps), litigation, advice on the creation of rules and regulations.

Paola is a lawyer from Universidad de los Andes and holds a Master in Arts in Law and Economics from Universitá di Bologna and a Master in Law, Economics, Management, Business Law and Economics from Université D’Aix-Marseille and led the inter-institutional team that drafted and carried out the legislative process of the Infrastructure Law (Law 1682 of 2013), in addition to being an advisor on public law matters for Aguas de Bogotá, IGT and Metro de Bogotá – Primera Línea, in the acquisition of SF Convias by Ashmore, the concession of the Briceño-Tunja-Sogamoso road and the public tender for the provision of a fleet for Transmilenio.

“In this new role, the goal will always be to find innovative solutions for our clients especially at a time like the present, where the country in matters of development of large infrastructure projects and public contracts is moving forward and where our clients, with our advice, must remain as protagonists in their development with transparency and timely compliance“, says Paola.

These 3 lawyers, who have been part of Gómez-Pinzón for more than 5 years, have the challenge of uniting and strengthening their practice in order to continue to highlight the firm in the market.