March 2023
Frontpage
Anti-competitive practices
Opinions
Competition advocacy
Recommended reading
FRONTPAGE
Andrea Marván is appointed chair commissioner of Cofece
Andrea Marván is appointed chair commissioner of Cofece
Commissioner Andrea Marván Saltiel assumed the Chair of the Federal Economic Competition Commission (Cofece or Commission) on March 15 for a four-year period, renewable for one occasion, after being ratified by the Plenary of the Senate of the Republic. Since September 2021, the Chair was occupied by Brenda Gisela Hernández Ramírez, who, based on Article 19 of the Federal Economic Competition Law, was entrusted as Acting Chair Commissioner due to vacancy.
Last December Andrea Marván Saltiel, after passing the knowledge exam applied by the Evaluation Committee, was proposed by the head of the Federal Executive and ratified by the Plenary of the Upper Chamber to be commissioner of Cofece for a nine-year period. The new Chair Commissioner holds a degree in Law from the Universidad Iberoamericana and a master’s degree in the same subject from the University of Chicago. She has ten years of professional experience at Cofece, where she has served in different positions. In addition, she was a professor at Tecnológico de Monterrey.
ANTI-COMPETITIVE PRACTICES
Cofece investigates probable collusive agreements in the market of radiological material acquired by the health sector
The Investigative Authority (IA, per its initials in Spanish) of the Federal Economic Competition Commission (Cofece or Commission) published on March 2, on its website and in the Federal Official Gazette, the notice of initiation of an ex officio investigation for the possible illegal agreements between competitors to concert or coordinate bids (absolute monopolistic practices) in the market for radiological material and related material acquired by the health sector in the national territory, in terms of Article 53, section IV. Collusions in the health sector are serious because they have a direct impact on the number and quality of medical supplies purchased with public resources by government institutions for the care of the population.
In the extract of the initiation agreement, the AI indicated that there is an objective cause that shows indications of a possible realization of absolute monopolistic practices in the investigated market. Nonetheless, this investigation, identified under file number I0-004-2022, should not be understood as a prejudgment of the responsibility of any economic agent, since so far, no violations to the regulations on economic competition have been identified, nor the subject(s) who, if applicable, would be considered as probable responsible at the end of the investigation.
The Investigative Authority (IA, per its initials in Spanish) of the Federal Economic Competition Commission (Cofece or Commission) published on March 2, on its website and in the Federal Official Gazette, the notice of initiation of an ex officio investigation for the possible illegal agreements between competitors to concert or coordinate bids (absolute monopolistic practices) in the market for radiological material and related material acquired by the health sector in the national territory, in terms of Article 53, section IV. Collusions in the health sector are serious because they have a direct impact on the number and quality of medical supplies purchased with public resources by government institutions for the care of the population.
In the extract of the initiation agreement, the AI indicated that there is an objective cause that shows indications of a possible realization of absolute monopolistic practices in the investigated market. Nonetheless, this investigation, identified under file number I0-004-2022, should not be understood as a prejudgment of the responsibility of any economic agent, since so far, no violations to the regulations on economic competition have been identified, nor the subject(s) who, if applicable, would be considered as probable responsible at the end of the investigation.
OPINIONS
Opinion on the initiatives with draft decree that reform and add various provisions of the Civil Aviation Law and the Airport Law
The Board of the Commission recommended not to approve the initiatives that reform and add provisions to the Civil Aviation Law and the Airports Law, proposed by the Executive Power and the Legislative Power, because they would allow a state-owned company to simultaneously operate an airport and an airline, which could hinder equal access to airport infrastructure under equal circumstances to the detriment of the efficient development of the air transport market. In addition, such initiatives establish a differentiated treatment regarding the grounds for revocation and termination of concessions, permits and assignments between individuals or legal persons and parastatal companies.
The Board of the Commission recommended not to approve the initiatives that reform and add provisions to the Civil Aviation Law and the Airports Law, proposed by the Executive Power and the Legislative Power, because they would allow a state-owned company to simultaneously operate an airport and an airline, which could hinder equal access to airport infrastructure under equal circumstances to the detriment of the efficient development of the air transport market. In addition, such initiatives establish a differentiated treatment regarding the grounds for revocation and termination of concessions, permits and assignments between individuals or legal persons and parastatal companies.
COMPETITION ADVOCACY
Call for applications for the 2023 Cofece Summer Student Program
In the context of the tenth anniversary of the Federal Economic Competition Commission (Cofece or Commission), undergraduate students are invited to participate in the Cofece Summer Student Program (Program) for the fifth consecutive year. This Program allows young people to get to know and get involved in the daily activities that carry out in the Commission and to know what is done so that there is competition in the markets and that Mexican families benefit from higher quality goods and services, at fairer prices.
With this initiative, the Commission seeks to strengthen the training of professionals interested in and committed to economic competition by encouraging more students to consider specializing in this area.
Con esta iniciativa la Comisión busca fortalecer la formación de profesionistas interesados y comprometidos con la competencia económica promoviendo que más estudiantes consideren especializarse en el área.
In the context of the tenth anniversary of the Federal Economic Competition Commission (Cofece or Commission), undergraduate students are invited to participate in the Cofece Summer Student Program (Program) for the fifth consecutive year. This Program allows young people to get to know and get involved in the daily activities that carry out in the Commission and to know what is done so that there is competition in the markets and that Mexican families benefit from higher quality goods and services, at fairer prices.
With this initiative, the Commission seeks to strengthen the training of professionals interested in and committed to economic competition by encouraging more students to consider specializing in this area.
Con esta iniciativa la Comisión busca fortalecer la formación de profesionistas interesados y comprometidos con la competencia económica promoviendo que más estudiantes consideren especializarse en el área.
RECOMMENDED READING
Cofece in numbers
For the fifth consecutive year, the Commission publishes the document "Cofece in numbers", which constitutes a proactive effort of transparency and accountability. The purpose of this document is to present the actions carried out during 2022 so that the work and achievements in the enforcement of the Federal Economic Competition Law, competition advocacy and the development of the institutional model are known.
BY THE NUMBERS
BY THE NUMBERS
In March, the Commission processed 112 matters, of which 61 correspond to mergers, 32 to proceedings for monopolistic practices and unlawful mergers, 6 related to special procedures and 13 are opinions on bidding processes, concessions or permits.
Complaints, investigations and trial-like procedures.
- 5 complaints for anticompetitive conducts were received, which were added to 1 pending from the previous period. Of these, 1 was dismissed; therefore, at the end of the period, 5 complaints are still under analysis.
- Follow-up was made on 20 investigations and 5 trial-like procedures for monopolistic practices
- Barriers to competition in the jet fuel market were determined.
- Four proceedings to determine the existence of essential inputs and barriers to competition are still ongoing.
- Follow-up was made on 1 investigation to determine effective competition conditions in the maritime transportation of passengers and roll-on/roll-off cargo in Baja California Sur.
Concentrations
- A total of 61 concentrations were reviewed, of which 14 were initiated during the period. Of these, 17 were authorized; therefore, at the end of the period, 44 mergers are still under analysis.1
- The amount of authorized transactions is of 75,369.8 million pesos.
Opinions
- 1 opinion was issued, regarding initiatives that reform and add various provisions of the Civil Aviation Law and the Airports Law.
Amparo trials
- The Judicial Power resolved 7 amparo trials: 2 were granted, 2 were denied, and 3 were dismissed.2 At the end of the period, 466 lawsuits are still in process, of which 392 correspond to economic competition matters.
ACUERDO mediante el cual el Pleno de la Comisión Federal de Competencia Económica determina que han dejado de darse las condiciones que motivaron las medidas para hacer frente a la pandemia por COVID-19.