May 2023
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Anti-competitive practices
Recommended reading
FRONTPAGE
Cofece initiates investigation in the market for the distribution and commercialization of scopolamine in national territory
Cofece initiates investigation in the market for the distribution and commercialization of scopolamine in national territory
The Investigative Authority of the Federal Economic Competition Commission (Cofece or Commission) initiated an ex officio investigation for the possible realization of absolute monopolistic practices in the market for the distribution and commercialization of scopolamine.
Scopolamine is an active ingredient that serves as the basis for the creation of most medicines used to treat motion sickness, nausea, and colitis, also as antispasmodic and as a local analgesic, which highlights its importance in the health sector; the latter is a strategic sector for the Commission due to its relevance in the welfare of the population.
ANTI-COMPETITIVE PRACTICES
Cofece fines more than 11 million pesos to three companies with for failing to complete the procedure for the notification of concentrations
In line with the commitment to sanction any economic agent that fails to comply with the criteria and procedures of the Federal Economic Competition Law (LFCE), the Commission’s Board of Commissioners fined Engie S.A., Suez, S.A., and Veolia Environnement, S.A. (Veolia) for a total of 11 million 29 thousand 331 pesos, due to the fact that they failed to notify three concentrations.
In line with the commitment to sanction any economic agent that fails to comply with the criteria and procedures of the Federal Economic Competition Law (LFCE), the Commission’s Board of Commissioners fined Engie S.A., Suez, S.A., and Veolia Environnement, S.A. (Veolia) for a total of 11 million 29 thousand 331 pesos, due to the fact that they failed to notify three concentrations.
RECOMMENDED READING
2022-2025 Accountability Agenda
Since its creation, the Federal Economic Competition Commission has worked to consolidate as a benchmark institution in terms of transparency and accountability. As part of this effort, the 2022-2025 Accountability Agenda is published, which presents the reports that Cofece will publish to report on its performance, as well as the dates on which they will be issued.
The documents referred to in this Agenda will be published on the Commission’s website and, if applicable, on the National Transparency Platform.
BY THE NUMBERS
BY THE NUMBERS
In May, the Commission processed 104 matters, of which 52 correspond to concentrations, 31 to procedures for monopolistic practices and unlawful concentrations, 6 to special procedures, and 15 to opinions on bidding processes, concessions or permits.
Complaints, investigations, and trial-like procedures
- 2 complaints were received for anticompetitive conducts, which were added to 4 pending from the previous period. Of these, 2 were dismissed and 2 were deemed as not filed; so, at the end of the period, 2 complaints are still under analysis.
- Follow-up was given to 19 investigations for monopolistic practices.
- Follow-up was given to 5 trial-like procedures, 4 are still pending at the end of the period.
- 1 trial-like procedure for relative monopolistic practices was concluded.
- 4 procedures are still ongoing to determine the existence of essential facilities and barriers to competition, and a request was received to initiate one more procedure.
- The preliminary opinion of an investigation was issued to determine if there are conditions of effective competition in the maritime transport of passengers and roll-on roll-off cargo in Baja California Sur.
- 1 investigation was followed up to determine if there are conditions of effective competition in the maritime transport of passengers and roll-on roll-of cargo in Baja California Sur.
Concentrations
- 52 concentrations were reviewed, 6 of which were initiated during the month. Of these, 21 were authorized and one was closed due to withdrawal of the applicants; so at the end of the period, 30 mergers are still under analysis.1
- The authorized transactions amount to 92,945.1 million pesos.
Amparo Appeals
- During May, the Judicial Power resolved 8 amparo appeals: 3 were granted, 1 was denied, y 4 were dismissed.2 Additionally, an amparo appeal was accumulated to another. At the end of the period, 460 lawsuits are still in process, of which 391 correspond to economic competition matters.
30 years of the Federal Economic Competition Law 
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