Fernando García Gómez

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.