Fernando García Gómez

Associate, Mexico City

Biography

Overview

Fernando Garcia's practice has focused mainly on administrative law, commercial and constitutional litigation including, among other areas, consultation and litigation in public procurement, energy, antitrust, regulatory and telecommunications. He also has experience in anti-dumping proceedings, international arbitration, corporate, financial and banking law.

Prior to joining White & Case in 2012, Mr. García worked at the Secretariat of Finance and Public Credit in the Legal Department of Public Credit (2010) and at a prestigious law firm in Mexico City.

Mr. García has also participated in different pro bono matters, such as aiding in research for the Cyrus R. Vance Center for International Justice on Latin America Truth Commission and research for the Supreme Court of Justice in Mexico in regards to the regulation of hearing systems in different countries, in both cases in strong collaboration with lawyers from offices of White & Case around the globe.

Bars and Courts
Authorized to practice law in Mexico
Education
Constitutional litigation degree
Universidad Panamericana
Attorney at Law (Abogado)
Universidad Panamericana
Languages
English
French
Spanish

Experience

Several energy companies such as Grupo Iberdrola, Grupo X-Elio, Neoen, Grupo Thermion, Grupo FRV, Grupo Azucarero Mexicano and GAT Energía (together representing more than 50% of the capacity of privately owned generation plants) in amparo trials against the Mexican Congress Decree issued to reform and add several provisions of the Electric Industry Law.The Decree intends to establish several legal provisions that block the participation of clean and renewable power plants in the Mexican electricity market that could produce material and irreparable damages to the environment, as well as to the principles of free market access and economic competition in the electricity sector.

Several energy companies in amparo trials against certain energy policies (i.e. Agreement of the National Energy Control Center on the occasion of COVID-19; Reliability policy of the Energy Secretariat and resolutions of the Energy Regulatory Commission to modify the green and conventional rates), which aim to prevent the limitation of private plants' participation in the Mexican electricity market in any of its modalities (E.g. permisionaries under the Law of the Electrical Industry and under the legacy scheme). The White & Case team succeeded in convincing various District Judges to exceptionally admit the demand during the period of suspension of work for the Covid-19 virus and to grant the final suspension to our customers to eliminate the application of such prohibitions and allow them to continue their operations.

A concessionaire of rail services in the country against several acts of the Ministry of Communications and Transport, its main competitors and debtors. In addition, Mr. García has been involved in performing law amendment proposals and lobbying activities in the interests of the client.

One of the main participants in the telecommunications sector against the granting of concession titles to exploit and operate the 2.5 GHz frequency band, which is one of the most appreciate radio spectrum frequency bands to provide Fourth Generation Services such as Worldwide Interoperability for Microwave Access (WiMAX) and Long Term Evolution (LTE) Mobile technology.

The Confederation of Potato Producers against the acts of the Mexican Government that allow the importation of fresh potatoes in prejudice of sanitary measures and environmental sustainability of potato production, as well as implementing a strategy to avoid the imposition of new mitigation measures to import fresh potatoes without the necessary academic and technical support.

A company in the decorative coatings and paint manufacturing industry against the determination issued by the Federal Antitrust Commission to declare it with substantial market power.

The only Mexican concessionaire of orbital positions and satellite services, for very specific and highly complex matters including the elaboration of legal amendments and lobbying to allow foreign investments in satellite concessionaires, the amendment of its concession title to reduce the bandwidth granted to governmental affairs and the request for the authorization to complete the de-orbitation of a satellite with an expired lifespan.

A Japanese company in a commercial litigation arising from a commercial relationship with a Mexican company. The claims involve alleged improper termination of a contract and improper use of an alleged industrial secret for a contingency of approximately US$24 million.

One of the main mobile operators in Mexico against the rulings of the telecommunications regulator to determine interconnection rates with other providers of telecommunication services.

One of the main participants in the poultry industry against a ruling of the Federal Antitrust Commission deciding the imposition of a major fine (about US$1.5 million) for the alleged practice of a horizontal agreement with its competitors to fix the price of poultry by-products to final consumers.

A dredging company from the Netherlands in the consultation of public procurement matters, including bid proceedings and the execution of public agreements, with Pemex and Port Administration entities.

Spectrum Industries in the enforcement of a final award obtained in an ICDR international arbitration subject to Mexican law favorably for our client who received more than US$16.7 million in payments and reimbursements.

A well-known antiques dealer in a Federal Court trial against the resolution by the Mexican Government denying the exportation of certain antiques whereby we secured the declaration that Article 33 of Mexico's Monuments and Archeological Zones Law Rulings is unconstitutional.

One of the main participants in the poultry industry in the anti-dumping procedure to determine the imposition of antidumping duties on the importation of chicken legs and thighs original from the United States of America.

One of the leading companies in computer hardware and software in the bid procedure to manage the Mexican Revenue Service's collection systems, as well as filling different legal challenges against the award of different agreements and the negotiation with authorities in defense of the client's rights.

Awards and Recognition

Rising Star,
The Legal 500, Disputes, 2021

Future Star,
Benchmark Litigation, 2021