April 11, 2022
Solórzano Linaldi (SL) obtained judicial decisions favoring our clients regarding the Advertising Contracting Law
On June 3, 2021, the Law for the Transparency, Prevention and Combat of Undue Practices in the Contracting of Advertising (the “Advertising Contracting Law”) was published in the Mexican Official Gazette. The Advertising Contracting Law entered into force on September 1st, 2021.
Among others, the Advertising Contracting Law forbids marketing Agencies: (i) to acquire ad spaces from media companies, for its own benefit in order to resell them, and (ii) to receive any kind of fees, commission or benefits from media companies.
SL has been advising different players in the advertising ecosystem, including advertisers, agencies, and media companies, to implement the Advertising Contracting Law as well as to represent them in constitutional litigations against such law. In that regard, SL has obtained favorable decisions in those litigations initiated for its clients, wherein the judges concluded that it is against the Mexican Constitution to forbid Marketing Agencies to undertake the activities described in the previous paragraph.
Accordingly, those clients represented by SL in the litigations, will be able to buy and sell ad spaces and to receive fees and economic benefits from media companies.
In case you need additional information regarding the contents of this note or legal assistance, please contact the following people:
Luis López Linaldi – Partner
luis.linaldi@s-l.mx
Phone: +52 55 50015409
Eréndira Frías Valenzuela – Associate
erendira.frias@s-l.mx
Phone: +52 55 50620070
Christian Alberto Parra Pérez – Associate
christian.parra@s-l.mx
Phone: +52 55 50015401