Overview

Alberto Esenaro is a Mexico City attorney who focuses his practice on energy, antitrust, regulation on infrastructure and utilities and corporate services.

Mr. Esenaro is well-versed in the areas of oil, gas and electricity. He has broad experience in business, antitrust and regulatory matters related to a wide range of sectors, including automotive, product distribution and supply, seaports, railroads, airports, financial services, telecom, information technology (IT), tenders, permits and concessions. He also has experience in mergers and acquisitions (M&As) of companies and assets that bear regulatory content.

Prior to joining Holland & Knight, Mr. Esenaro worked for several Mexico City law firms. He has served as a legal director for tenders on the Mexican antitrust authority, carrying out proceedings of merger control, tenders and permits for regulated markets. Mr. Esenaro also was appointed technical secretary to the Comité de Operadores del Servicio Local, a self-regulatory organization for analysis, discussion, negotiation and mediation of industry topics among telecommunication companies with concession for rendering fixed and mobile local services in Mexico. In this role, he presided over the weekly sessions and was in charge of executing the agreements of the committee before members, authorities and third parties. In addition, he worked at a global financial services company on corporate and regulatory matters.

During the past 15 years, Mr. Esenaro has acquired practical knowledge for advising international and domestic companies, as well as the Mexican antitrust authorities, in diverse industries. He has advised tier and aftermarket automotive companies, as well as import/export companies. Mr. Esenaro has handled transactions, antitrust and regulation for IT and telecommunications, as well as for seaport tenders for terminals, facilities and services called by port authorities in a number of ports in Mexico. He has advised on the opening process of the electricity, oil and gas markets to private investment, oil rounds called by the Hydrocarbons National Commission, as well as tenders for granting contracts of independent power producers (IPP) called by the Comisión Federal de Electricidad. Mr. Esenaro also has advised on tenders for natural gas exclusive distribution zones called by the Comisión Reguladora de Energía, and antitrust and regulatory clearance for cross-property of transport and storages systems in the oil and gas sectors. His experience includes regulatory approvals for granting, assigning and terminating concessions, government contracts and permits in regulated sectors, as well as regulatory compliance and remediation.

In addition, Mr. Esenaro has collaborated with Petróleos Mexicanos (PEMEX), Comisión Federal de Electricidad (CFE), Comisión Nacional de Hidrocarburos (CNH), Secretaría de Energía (SENER), Comisión Reguladora de Energía (CRE), Secretaría de Comunicaciones y Transportes (SCT), Dirección General de Puertos (DGP), Dirección General de Desarrollo Ferroviario y Multimodal (DGDFyM), Comisión Federal de Competencia Económica (COFECE) and Instituto Federal de Telecomunicaciones (IFETEL) on the implementation of the 2013 Mexican Reforms for energy, telecom and antitrust.

Mr. Esenaro completed the Executive Program on Hydrocarbons Regulation at the Instituto Tecnológico Autónomo de México and University of Houston (with participation of Wood Mackenzie). He also completed a program in regulation from the Comisión Federal de Mejora Regulatoria, the agency of the federal government in charge of promoting the policy of regulatory improvement in Mexico. In addition, he completed a program on Telecommunications at Instituto Tecnológico Autónomo de México, and on Competition Law at Universidad Panamericana.

Experience

Advised private companies, Mexican regulators, antitrust agencies and Government, in a number of proceedings for tender design and opinions, award mechanisms and qualification requirements, granting of concessions, government contracts, permits, authorizations and cross-property approvals, tariff regulation, merger control and assignments, in the following sectors:

Oil and gas

  • Authorization of assignment and prequalification requirements on the tenders for oil rounds contracts
  • Merger among big oilfield services and equipment companies
  • Authorization of tenders for exclusive permits of natural gas distribution
  • Tender authorization for liquefied natural gas (LNG) terminal at state-run port
  • Sale of government participation in a major transport systems for natural gas and liquefied petroleum gas
  • Sale of government participation in a nationwide transport systems for natural gas
  • Granting of a number of commercializing permits for natural gas, oil, liquefied petroleum gas, petrochemicals and liquids
  • Cross-property authorizations for transport or storage systems owned by affiliates of groups that commercializes oil, gas and petroleum products.

Power

  • Tenders for granting government contracts for independent power producers
  • Investment and sale of power generation plants, assets and equipment
  • Merger control on purchase of assets by investment fund

Transport

  • Concession authorization proceeding for a major international airport
  • Concessions, permits and contracts in federal, state-run and private ports, including assignment and change of scope of terminals, facilities and services for containers, cars, regular and specialized charges
  • Concessions and permits for railroad and multimodal services
  • Merger control authorization on a sale of transport assets and concessions
  • Participation in an antitrust opinion on an tender for a government contract to engineering, procurement, construction and financing (EPC&F) of an inter-state train system
  • Tender authorization for a government contract to maintain a telecommunications system and facilities on a federal road

Telecommunications and Technology

  • Participation in the tender design of a tender for a television broadcasting concession
  • Participation in the joint venture between two major TV groups for mobile telecommunications investment
  • Authorizations for permit request on broadcasting permits on free and commercial spectrum
  • Merger control on the purchase sale of a major company in the equipment and connectivity market
  • Authorizations for concessions of community access television (CATV), direct-to-home (DTH) services and satellite services

Financial Services

  • Participation in the financial services market study performed by the Comisión Federal de Competencia Económica (COFECE)
  • Merger of a company in the acquiring services market
  • Purchase-sale of credits and loans by a Mexican bank
  • Sale of a commercial bank business unit

Government Procurement and Sale of Assets

  • Participation in an antitrust opinion on an tender for a government procurement contract for acquiring tablets
  • Participation in an antitrust opinion on an tender for a government procurement contract for building materials
  • Tenders authorizations for privatization of a portfolio of sugar mills equivalent to 20% of national production

  • Counseling a variety of developers and power companies in migration of grandfathered projects to the new power law
  • Counseling a variety of developers and power companies in participating in auctions for the wholesale electricity market (Mercado Eléctrico Mayorista) called by Centro Nacional de Control de Energía (CENACE)
  • Counseling energy traders for requesting permits and registrations to operate at the wholesale electricity market (Mercado Eléctrico Mayorista)
  • Represented a natural gas trader for drafting and negotiating of purchase sale agreements
  • Represented power entities and off-takers in a wide range of power purchase agreements under grandfathered regime and new power law
  • Represented oil, gas and electricity entities in a wide range of disputes and negotiations regarding infrastructure, public contracts and energy matters
  • Participated in assets acquisition for companies in the midstream market of petroleum products
  • Advised private companies and Mexican antitrust agency in a variety of competition law proceedings related to the energy market
  • Represented a major industrial off-taker to draft and negotiate a purchase power agreement
  • Draft and negotiation of purchase power agreements under new Electricity Law
  • Represented a major commercial off-taker in regulatory and commercial analysis of executed purchase power agreements according to the changes to the new Electricity Law

  • Counseling a major energy developer in all legal matters involving the development, financing and sale of a 80-megawatt (MW) solar power project in the Mexican state of Sonora
  • Representing a qualified supplier in the financing and development of a 360-MW combined-cycle power plant in Mexico
  • Advising a company in the financing and development of Mexico's second utility-scale solar park with private off-takers
  • Counseling in the financing and legal matters related to a 1-gigawatt (GW) wind farm to be developed in the Mexican state of Tamaulipas
  • Counseling a global renewable developer in relation to acquiring real estate rights, private and agrarian land, for developing solar plants across Mexico
  • Counseling a global renewable developer in relation to disputes and controversies over a variety of project contracts
  • Advising private companies and Mexican antitrust agency in a variety of competition law proceedings for renewable projects

  • Participated in the acquisition of a telecommunications unit with nationwide assets
  • Participation in the acquisition of a nationwide fiber optic network and related assets
  • Provided legal advice for drafting and negotiating a variety of telecommunication services contracts
  • Provided legal advice for drafting and negotiating a variety of contracts for information technology, such as customer relationship management (CRM), inventory management system (IMS), encryption and telemedicine
  • Advised private companies and Mexican antitrust agency in a variety of information technology (IT) and telecommunications proceedings, and regulatory advice for services and equipment
  • Representation of company in tender for public private partnership project related to water technology, and negotiation of joint venture with local partners

  • Represented diverse Mexican and foreign companies in general corporate matters
  • Drafting and negotiation of commercial contracts
  • General representation before authorities in tenders, bidding and auctions, and administrative proceedings

Credentials

Education
  • University of Strathclyde, LL.M., Information Technology and Telecommunications Law
  • Universidad Panamericana, J.D.
  • Universidad Panamericana, Diploma, Competition Law
  • Instituto Tecnológico Autónomo de México, Diploma, Telecommunications
Bar Admissions/Licenses
  • Mexico
Spoken Languages
  • English
  • Spanish

Publications

News