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Cofece issues recommendations to promote the process of competition and free market access in the card payment reception services

Cofece issues recommendations to promote the process of competition and free market access in the card payment reception services

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The Federal Economic Competition Commission (Cofece or Commission) issued an opinion with recommendations aimed at improving competition conditions in the card payment reception market, in collaboration with the Bank of Mexico (Banxico, per its acronym in Spanish) and the National Banking and Securities Commission (CNBV, per its initials in Spanish). This opinion complements the resolution issued by Cofece in September 2023.

INSTITUTIONAL STRENGTHENING

Cofece invites to answer its questionnaire on sustainability

From December 15, 2023 until January 25, 2024, Cofece invites decision-makers from public institutions, branches of government, companies, research centers, business representation organizations, consumers, and all interested to answer the Cuestionario abierto al público en materia de sustentabilidad desde la óptica de competencia (in Spanish) [Questionnaire open to the public on sustainability from a competition perspective]. This questionnaire is part of an initiative aimed at strengthening competition policy with sustainability, from a reality that is close to Mexican families, economic agents, and consumers.

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From December 15, 2023 until January 25, 2024, Cofece invites decision-makers from public institutions, branches of government, companies, research centers, business representation organizations, consumers, and all interested to answer the Cuestionario abierto al público en materia de sustentabilidad desde la óptica de competencia (in Spanish) [Questionnaire open to the public on sustainability from a competition perspective]. This questionnaire is part of an initiative aimed at strengthening competition policy with sustainability, from a reality that is close to Mexican families, economic agents, and consumers.

Cofece submits for public consultation its draft amendment to the Regulatory Provisions of the Federal Economic Competition Law

The Commission started a public consultation of its Preliminary Draft of amendments to the Regulatory Provisions of the Federal Economic Competition Law, to strengthen the current competition regulations, particularly concerning the issuance of interim measures and bail requests. The consultation period ran from December 14, 2023, to January 2, 2024.

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The Commission started a public consultation of its Preliminary Draft of amendments to the Regulatory Provisions of the Federal Economic Competition Law, to strengthen the current competition regulations, particularly concerning the issuance of interim measures and bail requests. The consultation period ran from December 14, 2023, to January 2, 2024.

RECOMMENDED READING

30 years of competition policy in Mexico: origins, development, objectives, and impact

Although the objectives of a competition system have been discussed over the years –a debate that has become more relevant nowadays in the view of the growing concentration phenomena and the scope of the digital economy- they should converge toward consumer welfare, although under a broad approach, where the impact on prices is analyzed, as well as other variables such as supply conditions, loss of quality or innovation and the competitive dynamics itself.

This publication contains reflections by Commissioner Alejandro Faya, who argues that competition policy, as it requires multidimensional efforts, should be considered as a State policy, since it promotes efficiency, disciplines prices and prevents the concentration of economic power in a few hands.

BY THE NUMBERS
BY THE NUMBERS

In December, the Commission handled 92 cases, of which 42 are related to mergers, 30 to proceedings for monopolistic practices and unlawful concentrations, 5 to special proceedings, and 15 to opinions on bidding processes, concessions, or permits.

Complaints, investigations, and trial-like procedures

  • 2 complaints for anticompetitive conducts, were received which were added to the 3 pending from the previous period. Of these, 1 was dismissed; therefore, at the end of the year, 4 complaints were still under analysis.
  • Follow-up was given to 17 investigations for monopolistic practices pending at the beginning of the period.
  • Follow-up was given to 8 trail-like proceedings regarding probable anti-competitive practices pending at the beginning of the period.
  • Follow-up was given to 4 proceedings to determine the existence of essential facilities and barriers to competition and the investigation stage of 1 proceeding to resolve the conditions of the maritime transportation market for cargo and passengers in Baja California Sur.

Concentrations

  • 42 concentrations were analyzed, 8 of which were initiated during the period. Of these, 6 were authorized; therefore, at the end of the month, 36 mergers are still under analysis.1
  • The amount for the authorized transactions is $ 9,937.5 million pesos.

Amparo trials

  • During December, the Judicial Power resolved 8 amparo lawsuits: 2 were denied and 6 were dismissed.2 At the end of the period, 400 lawsuits were still in process, of which 351 were related to economic competition matters.
1. The files of authorized concentrations are: CNT-045-2023 (Transportadora de Gas Natural de La Huasteca, S. de R.L. de C.V. / TC Energía Mexicana, S. de R.L. de C.V.), CNT-090-2023 (Ascent Global Borrower, LLC / Agl Finance Merger Sub, LLC), CNT-104-2023 (Trafigura Ventures Xi B.V. / Trafigura Electricity B.V. / Orsan Holding, S.A. de C.V. / Almacenadora de Combustibles Área Metropolitana HT, S.A. de C.V.), CNT-115-2023 (International Finance Corporation / Grupo Financiero Mifel, S.A. de C.V. / Persona Física), CNT-125-2023 (Mahle Behr GmbH & Co. KG / Hella GmbH & Co. KGAA / BHTC Mexico, S.A. de C.V. / Behr-Hella Thermocontrol GmbH / Auo Corporation) y CNT-129-2023 (Promotora Mexpac, S.A. de C.V. / Pemcorp / Banco Invex, S.A., Institución de Banca Múltiple, Invex Grupo Financiero).
2.Of which it is reported that the jurisdictional body that resolved and the file number of the Amparo trials denied: First District Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications with residence in Mexico City and jurisdiction throughout the Republic, Exp. 42/2021; Third District Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Mexican Republic, Exp. 1023/2022, and of the Amparo Trials dismissed are: Second Circuit Collegiate Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction over the entire Republic, R.A. 410/2023; Second Circuit Collegiate Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction over the entire Republic, R. A. 355/2022; 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. 302/2022; 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. 417/2022; 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. 574/2022, and Second Circuit Collegiate Court in Administrative Matters, Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, R.A. 324/2023.