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Cofece investigates the existence of illegal practices in the market of digital goods and/or services

Cofece investigates the existence of illegal practices in the market of digital goods and/or services

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The Investigative Authority of the Federal Economic Competition Commission (Cofece or Commission) initiated an investigation derived from a complaint for possible relative monopolistic practices in the market for the development, commercialization, and sale of digital goods and/or services.

In Mexico, the consumption of video games, digital books, digital photos, and video has registered significant growth. Statistics show an approximate snapshot of how these digital products have impacted the consumption habits and finances of the population.

COMPETITION ADVOCACY

Cofece submits for public consultation its draft amendment to the Regulatory Provisions on the Use of Electronic Means

The Federal Economic Competition Commission (Cofece or Commission) launched a public consultation of its Draft Amendment to the Regulatory Provisions on the Use of Electronic Means with the aim of providing greater certainty and facilitating the initiation and substantiation of procedures and formalities before the Commission through the use of the Electronic Procedures System.

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The Federal Economic Competition Commission (Cofece or Commission) launched a public consultation of its Draft Amendment to the Regulatory Provisions on the Use of Electronic Means with the aim of providing greater certainty and facilitating the initiation and substantiation of procedures and formalities before the Commission through the use of the Electronic Procedures System.

Cofece submits for public consultation its preliminary draft that modifies the guidelines for the notification of concentrations by electronic means

The Federal Economic Competition Commission (Cofece or Commission) launched a public consultation of its Preliminary Draft amending the Guidelines for the Notification of Concentrations by Electronic Means to streamline, ensure transparency and provide greater legal certainty in the different stages of the process. The modifications are intended to facilitate and make the development of each stage of the notification more transparent.

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The Federal Economic Competition Commission (Cofece or Commission) launched a public consultation of its Preliminary Draft amending the Guidelines for the Notification of Concentrations by Electronic Means to streamline, ensure transparency and provide greater legal certainty in the different stages of the process. The modifications are intended to facilitate and make the development of each stage of the notification more transparent.

RECOMMENDED READING

Second Quarterly Report 2023 *

The report consists of five chapters. Chapter 1 describes the actions taken by the Commission to prevent and correct market structures. Chapter 2 describes the activities related to the fight against and deterrence of anticompetitive practices that affect markets. Chapter 3 mentions the work carried out by the Commission to promote and disseminate the principles of economic competition and its benefits. Chapter 4 reports on the efforts to consolidate a robust and cutting-edge organizational model. The last chapter reports the follow-up of Cofece’s 2023 Annual Work Program (PAT), in which 14 strategic actions were programmed to achieve institutional objectives.

BY THE NUMBERS
BY THE NUMBERS

In July, the Commission handled 77 matters, of which 29 correspond to concentrations, 32 to procedures for monopolistic practices and unlawful concentrations, 5 to special procedures, and 11 to opinions on bidding processes, concessions, or permits.

Complaints, investigations, and trial-like procedures

  • 3 complaints for anticompetitive conducts were received, which were added to 5 pending from the previous period. Of these, 3 were dismissed; so at the end of the period, 5 complaints are still under analysis.
  • Follow up was made on 18 investigations for monopolistic practices, and 6 trial-like procedures for monopolistic practices.
  • 4 procedures to determine the existence of essential facilities and barriers to competition are still in process.
  • An investigation to determine if there are conditions of effective competition in the maritime transportation of passengers and roll-on/roll-off cargo in Baja California Sur was followed up.

Concentrations

  • 29 concentrations were reviewed, of which 7 were initiated during the period. Of these, 3 were authorized; so at the end of the period 26 concentrations are still under analysis.1
  • The amount of authorized operations is 9,082.47 million pesos.

Amparo trials

  • During July, the Judicial Power resolved 5 amparo trials: 1 was granted, 4 were dismissed.2 At the end of the period, 451 trials are still in process, of which 394 correspond to economic competition matters.
1. The files of the authorized concentrations are: CNT-012-2023 (Tang Industries Inc. / NM Holding Inc. / National Material of Mexico S. de R.L. de C.V. / Kloeckner Metals Corporation / Klöckner USA Holding Inc.), CNT-059-2023 (Veolia Environnement S.A. / Cibanco, S.A. Institucion de Banca Multiple) y CNT-064-2023 (Grupak Operaciones, S.A. de C.V. / Grupo Industrial IGSA, S.A. de C.V. / Grupak Empresarial, S.A. de C.V. / natural person).
2. Of which it is reported that the jurisdictional body that finally resolved and the file number of the Amparo trial granted is: First Collegiate Circuit Court of the Auxiliary Center of the First Region, with residence in Mexico City, R.A. 552/2022; of the Amparo trials dismissed are: First District Court of the Auxiliary Center of the First Region, with residence in Mexico City, J.A. 1663/2017; First District Court of the Auxiliary Center of the First Region, with residence in Mexico City, J.A. 1690/2017; Fourth Collegiate Circuit Court of the Auxiliary Center of the First Region, R.A. 406/2023; and Third Collegiate Circuit Court on Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Mexican Republic, J.A. 724/2022.
Adquisiciones, arrendamientos y servicios

Publicado 22 de agosto, 2023