May 2025
Frontpage
Competition advocacy
Defense before the judiciary
Recommended reading
FRONTPAGE
Mexico will lead the global competition agenda: Andrea Marván is appointed as Chair of the International Competition Network
Mexico will lead the global competition agenda: Andrea Marván is appointed as Chair of the International Competition Network
Andrea Marván Saltiel, Commissioner President of the Federal Economic Competition Commission (Cofece), was unanimously elected as Chair of the International Competition Network (ICN), the most important global network on economic competition.
Andrea Marván's election by consensus of all member countries represents a recognition of the new competition policy that she has promoted in Mexico, which focuses on people´s welfare through open and proactive dialogue with authorities at the three levels of government, as well as the strengthening of international cooperation.
The ICN brings together more than 141 competition authorities from 129 countries and is the main forum for international coordination and convergence in this area. The Network is a strategic space where competition authorities exchange experiences, best practices, and tools to implement an effective competition policy, in which violations of the Law do not go unpunished and a state policy in favor of competitive markets is promoted.
COMPETITION ADVOCACY
Mexico wins award for measuring how competition improves people's lives
The World Bank and the ICN granted Mexico with an international award for a technical evaluation that shows how sanctioning illegal practices in public health procurement translates into real benefits for people. The award was presented as part of the 2025 Competition Advocacy Contest, in the category of improving public procurement and reducing collusion.
The winning entry, titled “Improving the Procurement of Public Health Services through the Use of Ex Post Assessments”, analyzes the concrete effects following the sanctions imposed.
This international recognition highlights the importance of using technical tools to support evidence-based decision-making to improve public policy.
The World Bank and the ICN granted Mexico with an international award for a technical evaluation that shows how sanctioning illegal practices in public health procurement translates into real benefits for people. The award was presented as part of the 2025 Competition Advocacy Contest, in the category of improving public procurement and reducing collusion.
The winning entry, titled “Improving the Procurement of Public Health Services through the Use of Ex Post Assessments”, analyzes the concrete effects following the sanctions imposed.
This international recognition highlights the importance of using technical tools to support evidence-based decision-making to improve public policy.
DEFENSE BEFORE THE JUDICIARY
Bank of America loses appeal against a resolution sanctioning it for collusive agreements in the government bond market.
The Second Chamber of the Supreme Court of Justice denied the Amparo filed by Bank of America against a sanction for absolute monopolistic practices in the government bond market. In 2021, Cofece fined Bank of America and other financial institutions for illegally coordinating their trading operations.
Traders from these banks used instant messaging platforms or Bloomberg and Reuters chats to agree on prices and decide which government bonds to buy or sell, which constitutes conduct prohibited by the Federal Economic Competition Law. The Court determined that these corporate communications are not protected by the right to privacy, since they are part of the financial institutions' commercial activity. The sanction imposed exceeded 5 million pesos.
The Second Chamber of the Supreme Court of Justice denied the Amparo filed by Bank of America against a sanction for absolute monopolistic practices in the government bond market. In 2021, Cofece fined Bank of America and other financial institutions for illegally coordinating their trading operations.
Traders from these banks used instant messaging platforms or Bloomberg and Reuters chats to agree on prices and decide which government bonds to buy or sell, which constitutes conduct prohibited by the Federal Economic Competition Law. The Court determined that these corporate communications are not protected by the right to privacy, since they are part of the financial institutions' commercial activity. The sanction imposed exceeded 5 million pesos.
National Material of Mexico loses Amparo for failing to notify of a merger
The First Collegiate Circuit Court Specialized in Economic Competition, Broadcasting and Telecommunications denied an Amparo filed by National Material of Mexico, S. de R.L. de C.V., and other economic agents, for failing to comply with the legal obligation to notify a merger to Cofece. The company acquired shares in other companies without prior notification to Cofece, as required by law.
When companies carry out mergers, acquisitions, or concentrations that exceed certain thresholds, they must notify the competition authority to evaluate whether these operations could affect the market. The Court confirmed that the sanction of 4 million Mexican pesos imposed on National Material (and 2 million Mexican pesos on other companies involved) was appropriate, considering that each infraction must be assessed according on its specific characteristics and that Cofece has the authority to determine the amount of the sanctions depending according to the severity of each case.
The First Collegiate Circuit Court Specialized in Economic Competition, Broadcasting and Telecommunications denied an Amparo filed by National Material of Mexico, S. de R.L. de C.V., and other economic agents, for failing to comply with the legal obligation to notify a merger to Cofece. The company acquired shares in other companies without prior notification to Cofece, as required by law.
When companies carry out mergers, acquisitions, or concentrations that exceed certain thresholds, they must notify the competition authority to evaluate whether these operations could affect the market. The Court confirmed that the sanction of 4 million Mexican pesos imposed on National Material (and 2 million Mexican pesos on other companies involved) was appropriate, considering that each infraction must be assessed according on its specific characteristics and that Cofece has the authority to determine the amount of the sanctions depending according to the severity of each case.
RECOMMENDED READING
Data and economic competition in the digital environment
This paper analyzes the importance of data in the digital economy and its impact on economic competition. It also explains how concepts such as big data, algorithms, and network effects transform markets, benefiting users with free or personalized services, while also generating risks such as the concentration of power.
The text addresses both the benefits for consumers, such as the personalization of services and access to free products, and the risks, which include potential loss of privacy and the exclusion of competitors.
BY THE NUMBERS
BY THE NUMBERS
In May, the Commission handled 100 matters, of which 56 correspond to mergers, 32 to proceedings for monopolistic practices and unlawful mergers, 5 to special procedures, and 7 to opinions on bidding processes, concessions, and permits.
Complaints, investigations, and trial-like procedures
- 9 complaints were analyzed, 8 of which were filed in this period. All remained pending at the end of the month.
- 16 investigations for monopolistic practices and unlawful mergers were followed up.
- 7 trial-like procedures were followed up.
- 5 special procedures were followed up to determine the existence of essential facilities and barriers to competition.
Mergers
- 56 mergers were analyzed, of which 9 were notified during the period. Of these transactions, 7 were authorized; accordingly, 49 remained under analysis at the end of the month.1
- The total value of authorized transactions amounted to 21,148.1 million pesos.
Amparo Trials
- In May, the Judiciary resolved 13 amparo trials: 8 were denied and 5 were dismissed.2 At the end of the period, 317 trials are still in process, of which 308 correspond to economic competition matters.
1. The file numbers of the authorized mergers are: CNT-101-2024 (UPS International, Inc. / Tratasa de Mexico, S.A. de C.V. / Estafeta, S.A.P.I. de C.V.), CNT-134-2024 (Solistica, S.A. de C.V. / Grupo Traxion, S.A.B. de C.V.), CNT-002-2025 (Riverstone Pattern Energy II Holdings, L.P. / Australian Retirement Trust Pty Ltd), CNT-024-2025 (Universidad Latinoamericana, S.C. / Karminal, S.A. de C.V. / Fibra Educa / Banco Invex, S.A., Institución de Banca Múltiple, Invex Grupo Financiero), CNT-033-2025, CNT-039-2025 (Polycom, Llc / Plantronics, Inc. / Plamex, S.A. de C.V. / Huaqin Technology Co., Ltd.) and CNT-043-2025 (Footprint International Holdco, Inc. / Footprint Ca LLC / Ca Opportunity Fund I LLC).
2. Of these, it is reported that the jurisdictional bodies that finally resolved and the file numbers of the denied amparo suits are: Second Chamber of the Supreme Court of Justice of the Nation, A.R. 531/2024; First Specialized Collegiate Court, R.A. 585/2023; Second Specialized Collegiate Court, R.A. 593/2023; Second Specialized Collegiate Court, R.A. 346/2023; First Specialized Collegiate Court, R.A. 277/2024; First Specialized Collegiate Court, R.A. 565/2023; Second Specialized Collegiate Court, R.A. 294/2024; Second Specialized Collegiate Court, R.A. 83/2024, and of the amparo suits dismissed are: Second Specialized Collegiate Court, R.A. 38/2024; First Specialized Collegiate Court, R.A. 52/2025; First District Court of the Auxiliary Center of the First Region, with residence in Mexico City, Exp. 348/2024; Eighth District Court in Administrative, Civil and Labor Matters in the State of Mexico, Exp. 351/2025, and Second District Court Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, Exp. 45/2025.
Monthly report – April 2025
Monthly report – June 2025