Antonio Cárdenas

Local Partner, Mexico City

Biography

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.

Has a vast 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 eleven years, such as Grupo Telefónica, Grupo Televisa, and Altán Redes (Red Compartida).

As a litigator, he 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. This advice concludes with the success on several trials against the aforementioned sell.

Another success of Antonio is leading the defense of one of the Mexico´s biggest dairy products companies in the unconstitutional of several transit regulations in the state of Nuevo León, which compromised its logistics in the distribution chain. 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 several financial authorities.

In representing infrastructure and transportation companies in litigation, Antonio focus 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, iv) finance, v) alimentary industry, and vi) oil and gas.

In his Counsel experience, Antonio has participated in regulatory and pre-litigious issues in various matters in the private and public sectors.

Antonio is a key part in the team advising Altán Redes, since the biding process to date in several regulatory and trials.

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.

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
Master in Economic Law
Universidad Panamericana
Languages
English
Spanish

Experience

Antonio has served as attorney in some of the main litigation in the telecommunications and media broadcasting sectors in Mexico, the foremost being:

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);

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);

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);

Bringing and conducting various amparo proceedings against extension for certain licensees of radio spectrum frequencies including the 2.5GHz band (2013 to 2016);

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);

Third-party involvement in the action brought against the legal disposition of the "zero completion" interconnection rate for the AEP (2015 to date);

Initiation, conducting, challenge and third-party involvement in more than 150 proceedings for determining interconnection rates of transit, SMS and mobile and fixed completion (2008 to date);

Initiating and conducting infrastructure-sharing proceedings before the Federal Institute of Telecommunications (2014 to date);

Complaints due to the AEP's breach of its licensing instruments and economic competition obligations, among others (2010 to date).

Publications

Mexico Chapter for The Intellectual Property and Antitrust Review - Edition 2 2017 and Edition 4, 2019 (co-author with Carlos Mainero Ruiz)

Mexico Chapter for The Intellectual Property and Antitrust Review - Edition 1 2016 and Edition 3, 2018 (co-author with Carlos Mainero Ruiz )

Getting the Deal Through, Antitrust Editions 2018 and 2019, Cartels.

Co-author "La Colegiación Obligatoria en México establece Barreras artificiales que inhiben la sana competencia", (with Ismael Reyes Retana and Vicente Corta, published by CIDE magazine 2016.

"Uno TV no es TV, determinó el Instituto Federal de Telecomunicaciones", Published by Barra Mexicana Colegio de Abogados, A.C. 2016.

Regular contributor to online publication: "Latin America Advisor, a Daily Publication of the Dialogue".

Awards and Recognition

Recommended Lawyer "Administrative Litigation" Who is Who Legal 2018 and 2019.

Benchmark Litigation recommended Commercial and antitrust litigator 2018 and 2019.

Up and Coming: Chambers & Partners, 2018, antitrust and TMT (Telecoms, Media, Technology) México

Recommended Lawyer, Legal 500 (Antitrust and TMT)

Associates to watch: Chambers & Partners, 2017

Competition/Antitrust – Mexico

TMT (Telecoms, Media, Technology) – Mexico

Recommended Lawyer, Legal 500 TMT – Mexico