May 2024
Frontpage
Anticompetitive conducts
Mergers
Competition advocacy
Recommended reading
FRONTPAGE
Andrea Marván Saltiel is appointed Vice Chair of the International Competition Network
Andrea Marván Saltiel is appointed Vice Chair of the International Competition Network
Andrea Marván Saltiel, chair of the Federal Economic Competition Commission (Cofece or Commission), was selected to fill one of the two Vice Chair positions of the International Competition Network (ICN). She will focus on emerging competition issues such as inclusive development, social justice, gender equity, and sustainability, creating the Vice Chair for Emerging Competition Issues, and she will promote the new phase of economic competition policy to make its benefits tangible for the most vulnerable groups of society.
She will establish a work agenda to address the challenges that the authorities of emerging countries face concerning the new aspects of competition policy while seeking to make its benefits tangible in their countries, and, she will seek to be a bridge so that the agencies of emerging countries, especially in Latin America, can benefit from the experience of the more consolidated agencies, promoting the exchange of experiences and knowledge through international cooperation to find common solutions.
ANTICOMPETITIVE CONDUCTS
Cofece's Investigative Authority identifies barriers that affect competition in the federal passenger transportation
As a result of an investigation into the market of federal transportation and passenger terminals, Cofece’s Investigative Authority (IA) preliminarily identified barriers that hinder conditions of effective competition.
The IA determined that there is not enough competition in the First Class, Luxury, Executive, and Transportation modalities to and from ports and airports, in any region of the country. In the case of the Economic mode, a lack of competition was identified in the Northwest region, which includes the states of Baja California, Baja California Sur, Sinaloa, and Sonora. This investigation seeks to promote greater competition and dynamism for the benefit of final consumers.
As a result of an investigation into the market of federal transportation and passenger terminals, Cofece’s Investigative Authority (IA) preliminarily identified barriers that hinder conditions of effective competition.
The IA determined that there is not enough competition in the First Class, Luxury, Executive, and Transportation modalities to and from ports and airports, in any region of the country. In the case of the Economic mode, a lack of competition was identified in the Northwest region, which includes the states of Baja California, Baja California Sur, Sinaloa, and Sonora. This investigation seeks to promote greater competition and dynamism for the benefit of final consumers.
MERGERS
Cofece fines six companies with more than 58 million pesos for failing to notify two mergers
The Board of Commissioners of Cofece sanctioned six gas stations for failing to notify two mergers, since according to the Federal Economic Competition Law, the companies should have done so to ensure its timely analysis and thus guarantee that the agreements did not entail risks to consumers.
Cofece works to ensure that markets operate without advantages that favor the accumulation of market power by companies, so that the population has access to the goods and services that best suit their needs and, as part of the new phase of the economic competition policy, will continue exercising its powers to the fullest to identify, prosecute and sanction conducts contrary to the law, especially in those sectors most relevant for the development of the country.
The Board of Commissioners of Cofece sanctioned six gas stations for failing to notify two mergers, since according to the Federal Economic Competition Law, the companies should have done so to ensure its timely analysis and thus guarantee that the agreements did not entail risks to consumers.
Cofece works to ensure that markets operate without advantages that favor the accumulation of market power by companies, so that the population has access to the goods and services that best suit their needs and, as part of the new phase of the economic competition policy, will continue exercising its powers to the fullest to identify, prosecute and sanction conducts contrary to the law, especially in those sectors most relevant for the development of the country.
COMPETITION ADVOCACY
Cofece is awarded by the World Bank and the International Competition Network for promoting the culture of competition
The Commission was awarded for the publication of its book “La política de competencia en México: retrospectiva, balances y retos”, in the category of "Raising awareness on competition by communicating on impact and results" of the 2024 Competition Advocacy Contest, convened by the World Bank and the International Competition Network.
With this contest, both international institutions recognize success stories of competition agencies, public organizations, or civil society that demonstrate tangible results in promoting the scope of their legal powers. Cofece, as part of the new phase of economic competition policy, reaffirms its commitment to continue promoting competition and free market access in priority sectors for the population.
The Commission was awarded for the publication of its book “La política de competencia en México: retrospectiva, balances y retos”, in the category of "Raising awareness on competition by communicating on impact and results" of the 2024 Competition Advocacy Contest, convened by the World Bank and the International Competition Network.
With this contest, both international institutions recognize success stories of competition agencies, public organizations, or civil society that demonstrate tangible results in promoting the scope of their legal powers. Cofece, as part of the new phase of economic competition policy, reaffirms its commitment to continue promoting competition and free market access in priority sectors for the population.
RECOMMENDED READING
Merger Report 2023
For the sixth consecutive year, Cofece publishes this report as part of an institutional accountability effort to be accountable and make public the activities and decisions related to the analysis of 146 concentrations notified to the Commission during 2023.
Among other aspects, this document addresses the number of cases processed; how they were resolved; the economic sectors in which the transactions took place; their monetary value and their effects on the markets; the legal timeframe that the Commission is granted to resolve the cases and the efforts it has made to reduce these times; as well as descriptions of the most relevant cases processed in the year in question. This document aims to provide Mexicans with useful and greater clarity on Cofece's work for their benefit.
BY THE NUMBERS
BY THE NUMBERS
In May, the Commission processed 119 matters, of which 69 were related to concentrations, 31 to procedures for monopolistic practices and unlawful concentrations, 5 to special procedures, and 14 to opinions on bidding processes, concessions, or permits.
Complaints, investigations, and trial-like procedures
- 6 complaints were analyzed: 2 were filed during the period and 4 pending from the previous period. 1 of these complaints was deemed as not filed and 2 were dismissed; therefore, at the end of the month, 3 complaints remain under analysis.
- Follow-up was given to 15 investigations, 2 of which were consolidated into a single file.
- Follow-up was given to 10 procedures for monopolistic practices and unlawful concentrations, 1 of which resulted in the sanction of more than 58 million pesos to six companies for failing to notify two mergers.
- Follow up was given to 3 procedures at the investigation stage and 1 in Stage II to determine the existence of essential facilities and barriers to entry.
Mergers
- 69 mergers were analyzed, of which 15 were notified during the period and 54 during previous months. Of these transactions, 9 were authorized and 1 was closed, leaving 59 still under analysis at the end of the month.1
- The amount of authorized transactions is $404,733.7 million Mexican pesos.
Amparo trials
- During May, the Judicial Power resolved 11 amparo trials: 1 was granted, 3 were denied and 8 were dismissed.2 At the end of the period, 383 trials were still in process, of which 341 correspond to economic competition matters.
1. The files of the authorized concentrations are: CNT-146-2023 (Mitsui &Co., Ltd. / Gestamp North America, Inc.), CNT-009-2024, CNT-017-2024 (United States Steel Corporation / Nippon Steel Corporation), CNT-018-2024 (Grupo Televisa, S.A.B. / BBVA México, S.A., Institución de Banca Múltiple, Grupo Financiero BBVA México), CNT-021-2024, CNT-024-2024 (Carlisle Companies Incorporated / Amphenol Corporation), CNT-025-2024 (New Global Infrastructure Management Participation 1 LP / Global Infrastructure Management, LLC / Global Infrastructure Management Participation LLC / Blackrock, Inc. / Blackrock Funding, Inc.), CNT-030-2024, CNT-040-2024 (Tresalia Parques, S.A. de C.V. / CiBanco, S.A., Institución de Banca Múltiple / GC Propco Acquisitions, S. De R.L. 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 is: Fourth Collegiate Circuit Court of the Auxiliary Center of the First Region, R.A. 877/2022; of the Amparo trials dismissed are: Second Circuit Collegiate Court in Administrative Matters, Specializing in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, R.A. 96/2023; First District Court in Administrative Matters, Specializing in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, Exp. 563/2019; Second Collegiate Circuit Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, Exp. A. 386/2022; Second Collegiate Court in Administrative Matters, Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, R.A. 429/2023; Second Collegiate Court in Administrative Matters of the First Circuit, R. A. 40/2024; First Collegiate Court in Administrative Matters, Specializing in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, R.A. 244/2023, and Third District Court in the State of Oaxaca, Exp. 399/2023, and of the denied Amparo Trials are: First 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. 122/2022; Third District Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, Exp. 19/2023, and 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. 599/2023.
Cofece investiga un probable acuerdo ilegal transnacional en el mercado de fragancias 