On December 19, 2025, the official communication number CNA-068-2025 (the "Communication") (available in Spanish here) was published in the Official Gazette of the Federation ("DOF"), which entered into force on the same day of its publication. By means of the Communication, the rates applicable to the services provided by the Commission were officially established, including the services of reception, study and processing of notifications of concentrations.
The Commission will charge a fee for each merger control filing, regardless of the terms of the ruling, as well as when analyzing transactions that should have been notified and authorized and do not have approval.
The amount charged is staggered, in accordance with the MEV, according to the following amounts, excluding Value Added Tax (“VAT”):
It should be noted that the above rates are equivalent to approximately 350% to 2,400% of the amount of filing fees provided for in the Federal Law of Fees, which amounted to MXN 247,820.
In addition, fees were set for general services, such as certified copies (MXN 27.30 per page), verification (MXN 16.04 per page), and other certifications (MXN 231.64), plus VAT.
VAT is added to the corresponding fees, and rounding rules are applied to full pesos.
Companies must estimate and justify the MEV based on the applicable regulations and the Concentration Guidelines applicable at the time of filing, using the criterion that yields the highest value (e.g., price paid, value of assets acquired, or share capital). The reasoning behind the MEV must be included under oath in the initial notice. The Commission may request clarification if it detects inconsistencies that imply the payment of a lower fee, without prejudice to penalties for false statements and the requirement to pay the remaining applicable fee.
At closing, notifying parties must provide the elements to determine the final value actually transferred, using the best available information and the highest valuation criteria in accordance with applicable regulations.
The new rate rules introduce significant practical challenges for notifying parties, particularly in transactions where there is no specific or approximate amount attributable to Mexico, which can complicate the estimation of the MEV. This lack of clear references may increase the burden of analysis for the parties.
The initial notice must justify, under oath, the reasoning used to estimate the MEV and, consequently, the amount of the corresponding fee. If the Commission detects inconsistencies that result in a lower payment than that which was due, it may request clarification from the parties and, where appropriate, demand payment of the balance, either at the time of certifying the closing of the transaction or during the term of the resolution. Amounts not paid on time will generate updates and surcharges, in accordance with applicable tax regulations.
In addition, the fees apply both to initial notices that have not yet been carried out and to transactions that have already been carried out without prior authorization (without prejudice to any penalties that may apply). In the latter cases, the MEV must correspond to the value actually paid at the time of closing.
In cases where the final VME of the transaction is lower than the estimated MEV in the notification, and this results in the payment of a higher fee than due, the excess amount will not be refunded.
Companies should budget the applicable fee from the outset based on a conservative but defensible MEV, documenting the highest valuation criteria and preparing evidence for closing. They should consider the possibility of differences at closing with the applicable surcharges and updates under the Federal Tax Code. In transactions without prior authorization, the MEV will be the amount actually paid at closing.
In case of questions or comments, please do not hesitate to contact our expert team.
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