Some Case Studies of Joint Ventures with Mexican Ejidos (1998)
2010
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Abstract
Issue six focused on a variety of issues in U.S.-Mexican business law.
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This paper analyses abnormal returns, wealth effects and transfers generated in Mexican Joint Ventures and Merges with US partners. Following NAFTA (the North American Free Trade Agreement) Mexican and US firms have increased their deals both in numbers as well as in size of the deal. We conduct an Event Study to measure the stock price response associated with the announcement of a Merger or a Joint Venture. In addition we analyze the aggregate wealth effects and transfer between the pairs of firms involved. Finally we make a cross-sectional analysis in order to examine the existence of investment opportunities, differences in abnormal returns due to the type of deal, size of the firms or country of origin. We find that the Mexican firms involved in Joint Ventures have larger abnormal returns even more than previous studies. In addition Mexican firm acquirers have positive and significant abnormal returns. Moreover divestitures of US companies generate a notable dollar wealth transfer to the Mexican acquirers. Another important result is that in the Mexican case the data shows a diagonal response to news generated, and much stronger for the event study period. This may be a signal of less efficient markets. We detect an average of $130 million dollars of wealth created in each pair of our sample. The more remarkable happened when a US mega firm is involved. We attribute the abnormal returns with reference to NAFTA. The Mexican investors have a favorable perception of the possible outcomes, i.e., investors' perception that operating synergies and strategic realignment of firms will generate positive net present value. On the other hand US investors seem quite skeptical of Mexican prospects. Their attitude may be qualified as one of "caution." I.
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is a partner in the firm of Loperena, Lerch y Martin del Campo, Campeche 315 Piso 3, Mexico, D.F. 06170. Lic. Loperena's practice includes corporate law, civil litigation and arbitration in domestic and international cases. He has acted as party-appointed arbitrator and was also appointed by the Court of Arbitration of the ICC. He has taught Civil Procedure for the last twenty-five years at Escuela Libre de Derecho in Mexico City where he also teaches International Commercial Arbitration in the graduate program. He has taught Commercial Arbitration at Universidad Panamericana in Mexico City in the graduate program. His legal training and education include the following: Law degree from Escuela Libre de Derecho; Academy of American and international Law, The Southwestern Legal Foundation, Dallas, Texas, 1982. He is a member of the 2002 NAFTA Committee on Private Commercial Disputes. He is a member of the Board of Directors of the United States-Mexico Law Institute, Inc. He is Vice President of the Mexican Bar Association. I. Each of the states of Mexico has a Civil Code. There is also a Federal Civil Code. 2. Federal Civil Code, art. 1910 (Mex.). 3. Id. art. 1915. 4. Id. art. 1910. 5. Id. art. 1913.
Houston Journal of International Law, 2003
Rosas received his law degree from the Universidad de Guadalajara in Mexico where he previously obtained the degree of Electrical Mechanic Engineer. Prof. Rosas's postgraduate studies include Harvard Graduate School of Business, University of Massachusetts at Amherst, and Oxford Centre for Management Studies. He also studied graduate courses on comparative law of Mexico and the United States as well as canon law. He is a doctorando of law at the Universidad Europea de Madrid. He has also been a professor of law at the Universidad de Guadalajara, from which he graduated at the top of his class. He worked at various law firms in Guadalajara and later established a solo practice. Prof. Rosas has spoken at several conferences in Mexico, Spain, and the United States and is the author of numerous essays on the laws of those countries. He was recently elected director of the Commission on Legal affairs for the Advisory Council of the Institute of Mexican Living Abroad where his main role is advising the President of Mexico in the design and formulation of the policies concerning the Mexican communities in the United States. The author would like to thank Luis Manuel Ramírez Perches, a distinguished Mexican attorney, for his valuable contribution on Mexican legislation to this document. The author would also like to thank San Antonio attorney Héctor Cavazos for his valuable research. Thanks to Ignacio Gonzales for his assistance.

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References (2)
- See PEDRO ASPE, ECONOMIC TRANSFORMATION THE MEXICAN WAY (1993) 156-59.
- See id. at 167; REGLAMENTO DE LA LEY PARA PROMOVER LA INVERSI6N MEXICANA Y REGULAR LA INVERSION EXTRANERA [REGULATIONS TO THE LAW TO PROMOTE MEXIcAN INVESTMENT AND REGULATE FOREIGN INVESTMENT], D.O. 16 de mayo de 1989, arts. 5, 6, trans. art. 6. An entirely new Foreign Investment Law was promulgated in 1993, see supra note 42, but the 1989 regulations remain generally in effect. 45. See, e.g., Julia Preston, In Mexico City, Elected Mayor Opens New Political Era, N.Y. TIMES, Dec. 6, 1997, at Al.