Antonio Cárdenas | White & Case LLP International Law Firm, Global Law Practice
 Antonio Cárdenas
 Antonio Cárdenas

Antonio Cárdenas

Associate, Mexico City

T +52 55 5540 9660

E acardenasa@whitecase.com

Overview

Antonio is specialized in bringing amparo proceedings and ordinary defense procedures in administrative matters, as well as counsel in regulatory matters and relations with authorities.

Antonio has experience in litigation and regulatory matters of Information and Communication Technologies ("ICT"), as well in antitrust affairs where he has participated in defending concessionaries of Public Telecommunications Networks and several economic agents over the last eight years.

In this experience, he has served as attorney in some of the main litigation in the telecommunications and media broadcasting sectors in Mexico, the foremost being: i) Bringing an amparo proceeding before the Mexican Supreme Court of Justice as to the jurisdiction of the defunct Federal Telecommunications Commission to determine interconnection rates (2008); ii) Bringing a challenge before the Mexican Supreme Court of Justice and Three-Judge Circuit Courts against the Fundamental Technical Plan of Interconnection and Interoperability (2009); iii) Attorney of a Third-party involvement in actions brought against the declarations of substantial market power of Telcel, Telmex and Telnor in various markets conducted by the defunct Federal Commission on Competition (2010 to date); iv) Bringing and conducting various amparo proceedings against extension for certain licensees of radio spectrum frequencies including the 2.5GHz band  (2013 to 2016); v) Third-party involvement in amparo proceedings brought against the declarations of predominance (Preponderancia) in the telecommunications sector by the companies América Móvil, Telcel, Telmex, Telnor, Inbursa and Carso Group ("AEP") [Agente Económico Preponderante - Predominant Economic Agent] in Specialized Courts and Tribunals (2014 to date); vi) Third-party involvement in the action brought against the legal disposition of the "zero completion" interconnection  rate for the AEP (2015 to date); vii) Initiation, conducting, challenge and third-party involvement in more than 50 proceedings for determining interconnection rates of transit, SMS and mobile and fixed completion (2008 to date); viii) Initiating and conducting infrastructure-sharing proceedings before the Federal Institute of Telecommunications (2014 to date); ix) Complaints due to the AEP's breach of its licensing instruments and economic competition obligations, among others (2010 to date).

Antonio's administrative litigation practice also includes proceedings relating to financial matters, in which Antonio has spearheaded various strategies for initiating and conducting various amparo proceedings and ordinary defense procedures filed against acts of the National Banking and Securities Commission, the Secretariat of Treasury and Public Credit, the National Commission on Insurance and Guarantees, the National Commission for the Protection and Defense of Users of Financial Services, the National Housing Commission, and against acts of authority of various State and Municipal Governments, in which favorable decisions were ultimately obtained.

In representing infrastructure and transportation companies in litigation, Antonio experience is focused on conducting administrative proceedings and procedures representing one of the two licensees of Railway Service in Mexico.

He has also participated actively in defending one of the main Mexico's highway concessionary companies against various acts of the Secretariat of Communications and Transportation issued to its detriment, in which favorable judgments have ultimately been obtained.

Among the litigation experience in various matters of economic competition in other than the telecommunications and broadcasting sector, Antonio has led the representation of various Economic Agents in defending their interests in the following sectors: i) poultry industry, ii) decorative painting, iii) aeronautical and iv) finance.

In his Counsel experience Antonio has participated in regulatory and pre-litigious issues in various matters in the private and public sectors. In advising the government, of note is his counsel to the defunct Federal Telecommunications Commission for discussion and preparation of the Draft Request for Proposals for 306 Radio Spectrum band frequencies for providing Digital Terrestrial Television broadcasting service.

He has also participated in advising various companies of fixed, cellular telephony, Internet access, radio broadcasting, media, new technologies, OTT services and satellites (mainly DTH) in regulatory compliance in matters of economic competition, telecommunications and radio broadcasting for their operations in Mexico.

Antonio advised various public entities in the design and implementation of the sale procurement process for the sale of nine sugar mills that represent 22.2% of the Mexican sugar production market.

Bars and Courts

  • Authorized to practice law in Mexico
  • Mexican Attorneys Bar (Barra Mexicana Colegio de Abogados)

Education

  • Attorney at Law (Licenciado en Derecho), Universidad Iberoamericana

Languages

  • English
  • Spanish

Experience

Victory in intermediate rates of mobile telephony for Telefónica Group in the Supreme Court of Justice, 2012

Represented Telefónica Group, one of the largest telecommunications conglomerates in the world. The Mexican Supreme Court of Justice determined that the mobile completion rates that the Secretariat of Communications and Transportation had set for Telefónica Group should be cancelled. The Supreme Court judgment set a precedent for the telecommunications sector in Mexico, since it recognized the full independence of the defunct Federal Telecommunications Commission from the Secretariat of Communications and Transportation in interconnection issues.

Federal Court declared unconstitutional the Fundamental Technical Plan of Interconnection and Interoperability

Represented Telefónica Group against several provisions of the above general regulation issued by the defunct Federal Telecommunications Commission, which were declared unconstitutional. Consequently, Telefónica Group is the sole provider of telecommunications services that does not need to meet certain obligations established in the Plan. The Supreme Court published a book entitled "Prominent Decisions" which describes this case as the cornerstone for setting precedents and innovative criteria as to the regulator's power.

Representation against Federal, State, Municipal Governments and the Government of the Federal District, 2008-2013

Represented various entities of the financial system in challenging regulations or resolutions against the National Banking and Securities Commission, the Secretariat of Treasury and the National Commission on Insurance and Guarantees, as well as state and municipal governments. He obtained numerous favorable judgments, including two amparo remedies in favor of almost all Mexican banks against the legislation of the Federal District and the Municipality of Guadalajara.

Federal Court finds that Comex, S.A. de C.V. does not have substantial power in the decorative painting market

Mr. Cárdenas led the litigation strategy and won a favorable ruling against a decision of the defunct Federal Commission on Competition, which found Comex, had substantial power in the national decorative painting market.

A Federal Court orders the Executive Branch to continue the evaluation of professors who provide public education

Represented Aprender Primero, A.C., which is a Mexican NGO whose main purpose is to promote and defend the right to education, in an amparo proceeding against the controversial announcement by the Secretariat of Education to suspend evaluations of teachers indefinitely. The suspension of evaluations was opposed by an amparo proceeding, and an interim relief was obtained guaranteeing that the evaluations would continue.

A Specialized Court finds unconstitutional various provisions applied improperly to Cablevisión, S.A. de C.V.

Mr. Cárdenas led the strategy to obtain an amparo remedy against various articles of the Administrative Code of Mexico State that encroach upon the authority of the Federal Institute of Telecommunications.