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.

Chambers & Partners published in its 2020 Edition: "Highlighted by clients and peers alike for his strength in litigation, up-and-coming partner Antonio Cárdenas Arriola's arguments are described as "brilliant" by a client."

Has vast experience in litigation and regulatory matters of Information and Communication Technologies ("ICT"), as well as in antitrust affairs where he has participated in defending concessionaries of Public Telecommunications Networks and several economic agents over the last twelve years, such as Grupo Telefónica, Grupo Televisa, and Altán Redes (Red Compartida).

As a litigator, he successfully advised various public entities in the design, implementation and defense before the Supreme Court of Justice of the sale procurement process for the sale of nine sugar mills. These represent 22.2% of the overall Mexican sugar production.

Antonio led the legal defense of one of the Mexico's biggest dairy products, which challenged transit regulations (prohibitions on heavy weight vehicles used in the supply chain) in ten municipalities of the state of Nuevo León. All of the trials ended with favorable rulings issued by different Courts.

Bars and Courts
Authorized to practice law in Mexico
Education
Attorney at Law (Licenciado en Derecho)
Universidad Iberoamericana
Master in Economic Law
Universidad Panamericana
Languages
English
Spanish

Experience

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

  • Bringing a landmark 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 an amparo trial against the declaration of substantial market power of a restricted television company (2016).
  • 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 200 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).

Antonio's constitutional and administrative litigation practice also includes proceedings relating to: i) poultry industry, ii) decorative painting, iii) aeronautical, iv) finance, v) railway, vi) alimentary industry, and vii) oil and gas, in which he has spearheaded various strategies for initiating and conducting various proceedings.

In his non-contentious counsel experience, Antonio has participated in regulatory and pre-litigious issues in various matters in the private and public sectors, examples of that are:

  • Antonio is a key part in the team advising Altán Redes (biggest telecommunications infrastructure project in Mexico´s history), since the bidding process in 2016.
  • Advising the Federal 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 also has experience advising regarding Anti-Corruption, and Data Protection from an administrative regulatory perspective.
Speaking Engagements

Panellist on the 25th Annual Symposium "Herbert Rubin and Justice Rose Luttan Rubin International Law" at New York University, Rule of Law and corruption in Mexico, New York, 2019.

Panellist on GriClub 2019 Infrastructure Panel, with the topic "Which are the public policies and challenges to improve the quality on telecommunication services", Mexico City, 2019.

Panellist on the Cybersecurity Symposium, Cybercrime, organized by the American Chamber of Commerce, Mexico City, 2017.

Speaker for a Seminar organised by the IFC for local judges of Mexico City (Consejo de la Judicatura de la Ciudad de México), regarding the efficient access to credit, and jurisdictional warranty's for debtors (in asset based lending). Mexico City, 2017.

Publications

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

Getting the Deal Through, editions of 2018 and 2019, Q&A, Cartels in Antitrust. 

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

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

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

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

Up and Coming: Chambers & Partners, 2018, 2019 and 2020 antitrust and TMT (Telecoms, Media, Technology) México.

Recommended Lawyer (TMT), Legal 500 in 2018, 2019 and 2020.

Benchmark Litigation, recommended Commercial and antitrust litigator 2018, 2019 and 2020.

Recommended Lawyer "Administrative Litigation" by Who is Who Legal 2018, 2019 and 2020.

Associates to watch: Chambers & Partners, 2017.

Competition/Antitrust – Mexico.

TMT (Telecoms, Media, Technology) – Mexico.