Profile
Miguel Flores Bernés focuses his practice on antitrust and competition issues, assisting domestic and international clients in investigation proceedings relating to alleged anticompetitive conduct, concentrations, and defense strategies before specialized antitrust courts.
He has assisted clients in the competition clearance of transactions by the Mexican competition authorities, such as the Federal Competition Commission (Comisión Federal de Competencia Económica - COFECE) and Federal Telecommunications Institute (Instituto Federal de las Telecomunicaciones - IFT). Likewise, he represents economic agents in i) proceedings for the investigation of alleged anticompetitive conduct (cartels, abuse of dominance, and unlawful concentrations), including fine reduction programs (leniency and early closure of a probe with commitments); and ii) proceedings related to barriers to competition, essential inputs, and declarations of lack of effective competition.
Miguel’s experience also encompasses the development and implementation of defense strategies before specialized competition courts, and compliance advice to mitigate and prevent risks of violating competition law, including internal investigations for companies in various industries including transportation, health, energy, specialized services, manufacturing, financial services, and agriculture, among others.
Prior to joining the firm, he was a commissioner in the Federal Competition Commission (2006-2013), and before that, he acted as economic legal advisor in the office of the President of Mexico. Previously, he focused his practice in the cost-benefit analysis of economic regulation at the Mexican Ministry of Economy. He also acquired deep experience in negotiation and international affairs by being part of the group of lawyers that negotiated free trade agreements and bilateral investment treaties with the European Union, Japan, Singapore, Israel, Chile, Bolivia, Costa Rica, Guatemala, El Salvador, Honduras, Iceland, Sweden, Germany, United Kingdom, France, Netherlands, Belgium, Italy, Portugal, and Switzerland, and in different international organizations such as the World Trade Organization and the Organization for Economic Co-operation and Development.
Concentrations
- Antitrust
- Cartels and Investigations
- Mergers Control and Joint Ventures
- Competition
- Technology, Media and Telecommunications
- Agribusiness
Capabilities
Experience
- Representation of an economic agent in investigations of absolute monopolistic practices in the market for the integration, installation, maintenance, and commercialization of equipment, accessories, and spare parts for the use of industrial gases in Mexican territory.
- Representation of Association of Avocado Producers and Packers and Exporters of Mexico (APEAM) in connection with several proceedings before COFECE and specialized courts.
- Representation of companies focused on the distribution and commercialization of L.P. Gas in a proceeding to resolve conditions of effective competition and in proceedings for the investigation and sanction of absolute monopolistic practices and relative monopolistic practices.
- Representation of companies engaged in maritime passenger transport in proceedings related to absolute monopolistic practices and proceedings to resolve conditions of effective competition.
- Counsel to the Mexico City International Airport (AICM) in antitrust matters in connection with the defense before the competition authority and specialized courts in connection with relative monopolistic practices, compliance with resolutions, and in the first case in the history of the declaration of the existence of essential inputs.
- Representation of an economic agent for possible absolute monopolistic practices in the market related to the procedures for the acquisition of renovation and maintenance services for technology and systems used in the highway infrastructure in the national territory.
- Representation of one of Mexico’s largest wholesale medicine distributors in proceedings related to absolute monopolistic practices.
- Representation of an economic agent in the investigation of absolute monopolistic practices related to Mexico’s government bond market.
- Current Chairman of the Economic Competition Commission of the International Chamber of Commerce (ICC), Mexico Chapter, in charge of the translation into Spanish and presentation in Latin America of the ICC Antitrust Compliance Toolkit.
- One of five members of the Federal Antitrust Commission. Appointed by the President of Mexico. Participated in the analysis and administrative decisions taken from May 2006 to September 2013.°
- Counsel on antitrust matters to the economic agent responsible for designing, deploying, operating, and commercializing the Red Compartida.
- Advisor to several associations and chambers of commerce such as the Mexican Railroad Association, the Real Estate Developers Association, the Mexican Association of L.P. Gas Distributors, ConMexico, APEAM, AMIA, and AMANAC, among others, on regulatory and antitrust compliance matters.
- Representation of several companies and investment funds that have participated in mergers and acquisitions in sectors including real estate, telecommunications and broadcasting, financial, pharmaceutical, steel, auto parts, passenger and maritime transportation, universities and institutions of higher education, attractions in the tourism sector, hotels and restaurants, among others, in proceedings before the Federal Antitrust Commission and the Federal Telecommunications Institute to obtain merger approval.
- Analyzed and evaluated the cost and benefits of proposed and existing economic regulation. Conducted the international relations of the Comisión Federal de Mejora Regulatoria (Federal Commission for Regulatory Improvement) from 2005-2006.°
- Provided legal advice as general director for international and business affairs to the head of the Office of the President of Mexico (Public Policy) on international economic law and business issues, 2003-2004.°
°The above representations were handled by Mr. Flores Bernés prior to his joining Greenberg Traurig, S.C.
- Commissioner, Federal Competition Commission (COFECE), 2006-2013
- General Coordinator, Federal Commission on Regulatory Improvement, Regulatory Impact Analysis, 2005-2006
- Director General, Office of the President of Mexico, International and Business Affairs, 2003-2004
- Deputy Director General, Ministry of Economy, Directorate General for Foreign Investment, 1997-2002
- Chief of Staff, Directorate General for Foreign Investment, 1995-1996
Recognition & Leadership
- Listed, Who’s Who Legal, “Thought Leaders – Mexico,” 2024
- Listed, The Legal 500 Mexico Awards, Competition & Antitrust, “Lawyer of the Year,” 2023
- Listed, Chambers Latin America, Competition/Antitrust - Mexico, 2020-2024
- Listed, The Best Lawyers in Mexico™, 2021-2024
- Listed, The Legal 500 Latin America Guide, “Leading Lawyers - Latin America: Mexico – Competition and Antitrust,” 2021-2024
- Listed, Latin Lawyer, “Latin Lawyer 250 - Practice Recognition: Antitrust & Competition,” 2020-2024
- Listed, Centro de Investigación para el Desarrollo, A. C. (CIDAC), Essay Contest Winner on recovery of damages derived from antitrust/competition offenses in Mexico, 2013
- International Chamber of Commerce (ICC), Competition Commission, Mexico Chapter
- President, 2019-Present
- Vice President, 2013-2017
- Member of the Board of Directors, 2017
- Member and Coordinator, Mexican Bar Association, Competition Commission of the Bar Antitrust/Competition Section, 2015-2017
- Columnist for “Capital de México,” 2010-2014
- Member of the fourth “Antitrust in America Conference,” joint sponsor with the American Bar Association Section of Antitrust Law and Mexican Bar Association, 2017
Credentials
- Ph.D. candidate, Antitrust/Competition Law, Universidad Nacional Autónoma de México, 2013
- LL.M., with distinction, International Economic Law, University of Warwick, 1997
- Law Degree, Escuela Libre de Derecho, Mexico City, D.F., Mexico, 1992
- Mexico
- Spanish, Native
- English, Fluent