Marco Antonio Najera Martinez
Partner
Marco Najera Martinez is a recognized go-to transactional and regulatory lawyer representing global companies doing business in Mexico. Marco represents Fortune 500 companies across many industries and sectors, including life sciences, health care, insurance, financial services, energy, and real estate. They rely on him with their most sophisticated transactions, mergers and acquisitions, as well as a full range of corporate, project and consumer financing, compliance, anti-corruption, consumer protection, product safety, data privacy, various regulatory matters, and securing a wide variety of government authorizations.
Marco advises foreign and Mexican corporations in various matters relating to economic competition and antitrust in Mexico, including:
- Merger control and concentrations
- Transactional & compliance antitrust advice
- Cartels
- Abuse of dominance
- Essential inputs and barriers to competition
- Notifications, investigations, public bids, dawn raids and consultations with the Mexican Antitrust Commission
- Antitrust litigation
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 and life sciences arena – hospitals, food and beverage companies regulated by Mexican health laws, and nutritional supplements and pharmaceutical companies.
Representative Experience
- Healthcare and life sciences regulatory advice, including representation of health institutions and pharmaceutical, medical device, food, and agroindustry companies in a wide range of transactions, product registrations, and licenses regulated by health laws in Mexico.
- Negotiation and preparation of transactional agreements, including acquisitions, mergers, joint ventures, supply and distribution, restructurings for 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.
Awards and Recognition
- Recognized, The Best Lawyers in Mexico (Steven Naifeh & Gregory White Smith eds., Woodward/White Inc.)
- Tax Law (2020)
- Antitrust & Competition Lawyer of the Year – Mexico, Lawyer Monthly (2017)
- Recognized, Latin American Corporate Counsel Association
- Antitrust (2017, 2018, 2019, 2020)
- 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)
Affiliations
- Member, Mexican Bar Association
- Member, Ilustre y Nacional Colegio de Abogados
Presentations and Publications
- Co-author, “Doing Business in Mexico,” 2019 Foley Automotive White Paper (January 23, 2019)
Languages
- Spanish
- English
- Knowledge in basic French
Reform to Mexican Law Allows for Virtual Board and Shareholders’ Meetings Needing By-laws Amendments and Specific Requirements for Implementation
Mexican companies are now allowed to hold virtual meetings of shareholders or partners and of board of directors or managers to adopt corporate resolutions.
Foley Attorneys Recognized in Best Lawyers in Mexico 2024
Foley & Lardner LLP is pleased to announce that 13 of the firm’s attorneys from its Mexico City office were selected for inclusion in the 2024 edition of The Best Lawyers in Mexico, and one attorney was named to the Best Lawyers: Ones to Watch in Mexico list.
Mexico: Some Key Issues to Watch in a Financially Stressed Environment
Following the bank receivership of Silicon Valley Bank (SVB) and similar situations with other stressed financial institutions in the U.S. and Europe, companies are concerned with their international assets and credits held by banking and non-banking institutions overseas. The concern in Mexico is augmented due to the interconnection of the U.S. and Mexican economies.
Deadline to Comply with Requirements of Mexico's Wastewater Disposal Standard Fast Approaching
Beginning March 2023, all businesses operating in Mexico regardless of size will need to comply with new requirements for wastewater discharge into rivers, basins, watercourses, other bodies of water, and into any type of surface.
Foley Attorneys Recognized in Best Lawyers in Mexico 2023
Foley & Lardner LLP is pleased to announce that eight of the firm’s attorneys from its Mexico City office were selected for inclusion in the 2023 edition of The Best Lawyers in Mexico™, and one attorney was named to the Best Lawyers: Ones to Watch in Mexico™ list.
Mexico Antitrust Commission (“Cofece”) Fined Auto Parts Companies for Failing to Notify Concentrations
Under the Federal Economic Competition Law (LFCE), parties to certain concentrations with effects in Mexico, such as joint-ventures, mergers, or acquisitions of shares or assets (directly or indirectly) in Mexico, are required to notify and to obtain clearance from the Federal Economic Competition Commission (“COFECE”) before the transaction is closed and becomes effective in Mexico.