Gerardo Calderón is a senior associate in Baker McKenzie’s International Commercial Practice Group in Mexico City. He has experience assisting clients mainly in the field of antitrust and competition law. Gerardo also worked in the Firm's Washington, DC office, where he was involved in antitrust and compliance matters. He serves as a non-governmental advisor for the Mexican Competition Commission (Cofece) before the International Competition Network and as Chair of the Antitrust Committee at the National Association of Business Lawyers (ANADE). Gerardo is a former professor of economic competition law with the Universidad Panamericana of Mexico City and was an invited professor of anti-corruption matters in this law school. He was also an invited lecturer at IPADE Business School and La Salle University.
Gerardo has extensive experience in handling compliance and anticorruption matters. He represented the Mexican government as part of the delegation in charge of drafting the ISO 37001:2016 Anticorruption Management System.
Gerardo's practice focuses on competition/antitrust litigation and counseling, administrative litigation and constitutional trials (amparo). He advises and represents clients active in a wide range of industries in proceedings before Cofece, including analyzing and drafting pre-merger filings, integration or defense of litigation cases alleging monopolistic practices or illegal concentrations, and obtaining favorable opinions to participate in public bidding processes, among others.
Gerardo also advises clients in evaluating and implementing commercial strategies to avoid or mitigate antitrust risks and in conducting antitrust compliance trainings and internal investigations. His particular areas of focus are the energy, mining and infrastructure, and healthcare industries.
Representative Legal Matters
- Represented lead companies active in the healthcare sector in cartel investigations conducted by Cofece.
- Acted for a medical supplies producer in a leniency proceeding before Cofece.
- Represented Lonza in a merger control process as regards its acquisition of Capsugel, in the market of oral delivery technologies and active ingredients in the consumer healthcare and nutrition market.
- Advised a leading oil and gas company in evaluating potential antitrust risks when entering joint negotiations with business partners (service stations) to develop a distribution model for gasoline and diesel.
- Represented DEA Deutsche Erdoel AG in a merger control process regarding the acquisition of Sierra Oil & Gas Holdings, LP. This transaction was the largest upstream M&A transaction in Mexico since the liberalization of the petroleum sector in 2013 and was received the "Deal of the Year" award during the 2019 International Petroleum Summit of AIPN.
- Advised a lead LNG company in assessing whether or not a favorable opinion from Cofece is required in relation to cross-interest participation under the Hydrocarbons Law.
- Assisted a leading pharmaceutical company in developing antitrust compliance programs and conducting trainings for its employees.
- Leading practitioner, Chambers Latin America (2011-2021)
- Leading practitioner, Legal 500 (2019-2021)
Professional Associations and Memberships
- American Bar Association - Member
- National Association of Corporate Lawyers (ANADE) - Member and Chair of the Antitrust Committee, 2021
- Mexico (2005)
- Universidad Panamericana (2005)
- Washington, DC
- Moderator, The Energy Sector Program 2020-2024, legal, constitutional and antitrust aspects, Webinar ANADE, 2020
- Speaker, Antitrust Considerations during the Covid-19 Pandemic, Webinar, ANADE, 2020
- Speaker, Tools to comply with the Mexican Competition Law, Seminario de Obligaciones Jurídicas de las Empresas, ANADE, 2019
- Speaker, The gasoline market: regulatory and antitrust considerations, ANADE, 2019
- Interviewed by The Latin American Lawyer (part of the Iberian Legal Group) on the changes introduced by the new Competition Law after four years, 2018
- Co-interviewed with Reynaldo Vizcarra, by Getting the Deal Trough Market Intelligence on key developments in anti-corruption regulation in México, 2018