Marco Antonio Najera Martinez

Partner

Overview

Marco Najera Martinez is a recognized go-to transactional and regulatory lawyer representing global companies doing business in Mexico. With particular experience in the Mexico antitrust laws, he represents Fortune 500 corporations, as well as Mexico companies, in this highly specialized area. Marco’s clients comprise many sectors, including financial services, insurance, energy, health care and real estate, and they rely on him for mergers and acquisitions, as well as a full range of corporate, project financing, compliance and regulatory matters.

Marco has a deep understanding of Mexico’s important financial, legal, insurance and labor reforms and helps his clients take advantage of the increasing opportunities available to them. He sees growing demand in the health care arena – hospitals, food and beverage companies that are regulated by Mexico health laws, and nutritional supplements and pharmaceutical companies. 

Fluent in Spanish and English, with knowledge of basic French, Marco’s specific experience includes:

  • Health regulatory advice, including representation of health institutions and pharmaceutical companies in a wide range of transactions and licenses regulated by health laws in Mexico.
  • Negotiation and preparation of transactional agreements, including acquisitions, mergers, and restructurings of major international companies; financial transactions including credit, secured transactions, transfers of financial portfolio, lease, financial lease and purchase-lease-back, among others.
  • Federal regulatory advice, with strong emphasis in financial matters, including obtaining of authorizations from Mexican financial authorities to set up international financial affiliates and merge regulated financial entities.
  • Providing antitrust advice and defense, as well as notifications and other procedures with the Mexican Antitrust Commission.
  • Real estate transactions, with special emphasis on beach-restricted areas for hotel, resort and residential purposes involving trust structures, lease, construction and financing.

Professional Affiliations

  • Member, Mexican Bar Association
  • Member, Ilustre y Nacional Colegio de Abogados

Honors & Awards

  • Antitrust & Competition Lawyer of the Year - Mexico, Lawyer Monthly (2017)
  • Recognized, Latin American Corporate Counsel Association
    • Antitrust (2017)
  • Recognized, The Legal 500 Latin America
    • Competition and Antitrust (2012, 2013)
    • Insurance (2012, 2013, 2017)
  • Recognized, Chambers Latin America: Latin America’s Leading Lawyers for Business
    • Insurance (Mexico) (2012-2015)
  • Recognized, Chambers Latin America: Latin America’s Leading Lawyers for Business
    • Competition/Antitrust [Mexico] (2011-2015)

Education

  • J.D., Instituto Tecnológico Autónomo de México, (1997), with honors
  • LL.M., Escuela Libre de Derecho, (2000)
    • equivalent studies

Languages

  • Spanish

Publications

Marco is the co-author of “Doing Business in Mexico,” in the 2019 Foley Automotive White Paper (January 23, 2019).

Representative Matters

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Developed protocols and procedures for on-going compliance in target countries
Assisted companies in structuring investments and acquisitions in light of foreign investment restrictions in target countries
Assist employers in developing and managing ADA and FMLA leaves, policies and practices

Capabilities