July 2024
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FRONTPAGE
INDEP and Cofece signed an agreement to fight anti-competitive practices in public procurement
INDEP and Cofece signed an agreement to fight anti-competitive practices in public procurement
The Instituto para Devolver al Pueblo lo Robado* (INDEP or Institute per its initials in Spanish) and the Federal Economic Competition Commission (Cofece or Commission) signed a coordination agreement, focused on guaranteeing that there are effective competition conditions in the different stages of the Institute's public procurement procedures.
In this way, the government is encouraged to obtain fair prices and the best conditions for public contracting and to use Mexicans’ resources appropriately. In addition, the agreement promotes the exchange of information between both institutions for the identification and sanctioning of anti-competitive practices of suppliers that may be violating the law in such processes.
The agreement was signed by Alberto Becerra Mendoza, General Director of INDEP, and by Andrea Marván Saltiel, Cofece's Chair.
* Body of the Federal Public Administration responsible for allocating unproductive assets and companies to the State.
COMPETITION ADVOCACY
The Government of Baja California and Cofece signed an agreement to promote greater competition in public procurement and detect illegal conducts
Cofece and the Government of Baja California signed a coordination agreement to improve the state's public procurement mechanisms, as well as to detect anti-competitive conduct and regulations in it.
In coordination with the state government, Cofece will provide training courses, conferences, roundtables, workshops and advisory services to public officials in Baja California. The goal will be to involve state, municipal and legislative branch officials so that they can understand the benefits that competition may have in their respective areas of work.
Working with state governments allows Cofece to prevent or, as the case maybe, identify and sanction abuse of market power by companies. In collaboration with the state government, the Commission will be able to focus on priority markets for Baja Californians.
Cofece and the Government of Baja California signed a coordination agreement to improve the state's public procurement mechanisms, as well as to detect anti-competitive conduct and regulations in it.
In coordination with the state government, Cofece will provide training courses, conferences, roundtables, workshops and advisory services to public officials in Baja California. The goal will be to involve state, municipal and legislative branch officials so that they can understand the benefits that competition may have in their respective areas of work.
Working with state governments allows Cofece to prevent or, as the case maybe, identify and sanction abuse of market power by companies. In collaboration with the state government, the Commission will be able to focus on priority markets for Baja Californians.
RECOMMENDED READING
Second Quarterly Report 2024
The report accounts for Cofece's activities from April 1 to June 30, 2024. Chapter 1 details the actions to prevent and correct market structures that hinder, damage, or impede competition and free market access. Chapter 2 addresses Cofece's actions to combat and deter anticompetitive practices that affect markets. Chapter 3 reports on Cofece's activities to promote the application of competition principles and their benefits among public and private actors.
Chapter 4 reports on actions aimed at consolidating the Commission's organizational model. Finally, Chapter 5 reports on the progress of Cofece's 2024 Annual Work Program (PAT by its initials in Spanish), which contains 18 strategic actions that contribute to the achievement of institutional objectives.
BY THE NUMBERS
BY THE NUMBERS
During July, the Commission dealt with 102 matters, of which 55 correspond to mergers, 25 to procedures for monopolistic practices and unlawful mergers, 4 to special procedures, and 18 to opinions on bidding processes, concessions, and permits.
Complaints, investigations, and trial-like procedures
- 2 pending complaints from the previous period were analyzed, 1 was deemed not filed and 1 was still under analysis at the end of the month.
- Follow-up was given to 16 investigations and 7 trial-like procedures for monopolistic practices and unlawful mergers.
- Follow-up was given to 4 special procedures to determine the existence of essential facilities and barriers to competition.
Mergers
- Follow-up was given to 55 mergers, 3 of which were notified during the period. Of these transactions, 4 were authorized, and therefore, at the end of the period, 51 were still under analysis.1
- The amount of authorized transactions is $9,085.3 million Mexican pesos.
Amparo trials
- During July, the Judicial Power resolved 7 amparo trials: 5 were granted, 2 were denied.2 At the end of the period, 384 trials are still in process, of which 348 correspond to economic competition matters.
1. The files of the authorized mergers are: CNT-051-2024, CNT-064-2024 (General Electric Company / Aerotech Peissenberg Gmbh & Co. Kg / Aeroengine Components Mexico, S.A.P.I. de C.V.), CNT-069-2024 (Robertshaw US Holding Corp. / Robertshaw Controls Company / Range Red Acquisition, LLC / Range Parent, Inc.) y CNT-070-2024 (TF Administradora, S. de R.L. de C.V. / CIBanco, S.A., Institución de Banca Multiple / Macquarie Asset Management Mexico, S.A. de C.V.).
2. Of which it is reported that the jurisdictional body that finally resolved and the file number of the Amparo trials granted are: Second Collegiate Circuit Court in Administrative Matters Specialized in Economic Competition, Radio Broadcasting and Telecommunications, R.A. 113/2019; Fourth Circuit Court of the Auxiliary Center of the First Region, R.A. 868/2023; Fourth Circuit Court of the Auxiliary Center of the First Region, R.A. 158/2023; Fourth Collegiate Circuit Court of the Auxiliary Center of the First Region, with residence in Mexico City, R.A. 977/2022; Second Collegiate Circuit Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, R.A. 650/2022; of the Amparo trials dismissed is Second District Court in Administrative Matters, Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, Exp. 286/2022, and First Collegiate Court in Administrative Matters, Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, R.A. 419/2023.
Resumen Ejecutivo del Segundo Informe Trimestral 2024
Cofece y Gobierno de Jalisco afianzan su colaboración para generar mejores condiciones de competencia and the Federal Economic Competition Commission ...){kind=link}