The FNE’s gun-jumping investigation into GSK’s acquisition of Pfizer’s consumer healthcare business in Chile: when a joint venture is not a joint venture and why it matters

    Earlier this year, the Fiscalía Nacional Económica (FNE), Chile’s competition authority, closed a gun-jumping investigation into GSK’s acquisition of Pfizer’s consumer healthcare business in Chile. The FNE reached this conclusion after a 2-year ex-officio investigation which was based on the erroneous assumption that the deal constituted an acquisition of joint control by GSK and Pfizer … Read more

    GUSTAVO PETRO: COLOMBIA’S NEW PRESIDENT TAKES OFFICE

    On August 7, 2022, Gustavo Petro took office as President of the Republic of Colombia.  This election is historic for multiple reasons: Petro won with the highest number of votes in Colombian electoral history (over eleven million votes); and this is the first time a left-wing candidate has been elected as President in the country. … Read more

    Chile’s new Constitution: where is Chile now, and where is it heading?

    As discussed in our last Latin America Note on Chile, for many, the constitutional re-write process and the election of Gabriel Boric as President represent an opportunity to reshape Chile’s political, economic, and social structures by increasing social investment and environmental protection. However, for others (including foreign investors), this period of uncertainty has triggered significant … Read more

    ICJ orders Colombia immediately to cease activities in Nicaraguan EEZ waters

    On April 21, 2022, the International Court of Justice (ICJ) delivered judgment in Nicaragua v. Colombia concerning alleged violations of sovereign rights and maritime spaces in the Caribbean Sea. Following a ruling rendered in 2012 in a territorial and maritime dispute between the two countries, the ICJ determined that Colombia breached its international obligation to respect Nicaragua’s sovereign rights … Read more

    MEXICO ENERGY ALERT: Reform of Mexico’s Electric Power Industry

    On February 1, 2021, Mexican President Andrés Manuel Lopez Obrador submitted an initiative to amend the Electric Power Industry Law to Congress. The initiative appeared to be part of the current administration’s plan to reverse the energy reform introduced by former president Enrique Peña Nieto in 2013 that liberalized the energy market. Read more

    Mexico’s new policy on the lithium industry

    In 2018, the Canadian company Bacanora Lithium PLC discovered a lithium deposit located in Bacadéhuachi, Sonora, in northern Mexico with declared reserves of 243.8 million tonnes, making it the world’s largest lithium mine. In the years since, lithium has become crucially important given its essential role in the production of batteries for mobile phones, computers, … Read more

    Ecuador’s Constitutional Court Takes on Extractive Industries

    The Constitutional Court of Ecuador (the “Court”) has recently ruled on a series of constitutional actions brought against the development of mining projects in Ecuador (the “Decisions”).  The Decisions illustrate the Court’s continued approach to recognizing and strengthening the right to prior consultation of indigenous communities on extractive activities in the country.  The Decisions however … Read more