Fernando García Gómez
Fernando García's practice has focused on administrative law, commercial and constitutional litigation including, among other areas, consultation and litigation in energy, antitrust, regulatory, telecommunications and public procurement. He also has experience in anti-dumping proceedings, international arbitration, and corporate, financial and banking law.
Fernando's recent work includes several high-impact and high-importance constitutional appeals on the energy and telecommunications sector. As a litigator, he has successfully advised the most important private power generator, a concessionaire of the rail services, several oil and gas companies, and the principal broadcasting company in Mexico. He also led the legal defense of one of Mexico's main participants in the telecommunications sector against the granting of concession titles to exploit and operate the 2.5 GHz frequency band by its main competitor.
Before joining White & Case in 2012, Fernando 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.
He has also participated in different pro bono matters; This includes aiding NGOs such as the Cyrus R. Vance Center for International Justice, Media Defence, Child Rights International Network and Mexicanos Primero. In most cases, in strong collaboration with lawyers from the offices of White & Case around the globe.
His significant recent experience includes representation of:
The largest and most important airline in Mexico on a constitutional appeal against a fine levied by the Mexican Federal Antitrust Commission (COFECE) for its alleged participation in an anticompetitive practice (i.e., horizontal conduct). White & Case secured a victory for the client in District Courts by proving that COFECE breached the privacy of communications fundamental right.
Several energy companies (approximately 50 percent of the capacity of privately owned generation plants) in various constitutional appeals filed against the reform of the Electricity Industry Law.
Several leading oil & gas companies in constitutional appeals submitted against the recent reform of the Hydrocarbons Law.
A social network in a strategic appeal against a fine levied by the Federal Antitrust Commission (COFECE) that could shape the course of an investigation on vertical conducts.
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 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 2.5GHz frequency band, which is one of the most widely accepted radio spectrum frequency bands to provide Fourth Generation Services such as Worldwide Interoperability for Microwave Access (WiMAX) and Long Term Evolution (LTE) Mobile technology.
Aprender Primero in a constitutional trial against the controversial announcement by Mexico's Ministry of Education to suspend teachers' evaluations indefinitely. White & Case secured an injunction to continue with teachers' evaluations despite Federal Mid Term Elections. Such evaluations are a key pillar of the government's education reform, as well as a constitutional obligation to ensure the quality of education rendered by public schools.
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 intricate 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 around 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.
A well-known antiques dealer in a Federal Court trial against the resolution by the Mexican Government denying the exportation of certain antiques through which White & Case obtained a decision that that Article 33 of Mexico's Monuments and Archaeological 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 originating 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.
"UNO TV no es TV: Falló el Instituto Federal de Telecomunicaciones", published by Ed. Themis y BMA, 2016 (Co-author with Ismael Reyes Retana)
"Trends and Developments" in Chambers and Partners Litigation Guide (Mexico) in 2019, 2020 and 2021 (Co-author with Ismael Reyes Retana and Yuriria Galicia)
"International Trade Law and Practice in Mexico" Chambers and Partners, Global Practice Guide, International Trade 2022 (Co-author with Francisco de Rosenzweig and Gregory Spak)
"Energy Disputes 2022 Digital Edition Q&A", Lexology, 2022 (Co-author with Francisco de Rosenzweig, Ismael Reyes Retana and José Daniel Franco)
He is a regular contributor to "Revista Industria Legal" where he has published several articles on administrative litigation trends and developments.
The Legal 500, Disputes, 2021, 2022
Benchmark Litigation, 2021