February 2025
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Defense before the judicial power
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FRONTPAGE
SCJN upholds Cofece's sanction in litigation against Aeromexico
SCJN upholds Cofece's sanction in litigation against Aeromexico
The Second Chamber of the Supreme Court of Justice of the Nation (SCJN per its initials in Spanish) confirmed the validity of the investigative powers of the Federal Economic Competition Commission (Cofece) and, with that, put an end to more than 5 years of litigation in which Aeromexico promoted several appeals and challenges against a fine of 88 million pesos that Cofece imposed on it in 2019 for having colluded to manipulate the prices of its airline tickets on various routes, affecting more than 3 million passengers.
The SCJN's decision serves as a precedent so that illegal agreements between competitors to manipulate prices to the detriment of the population do not go unpunished. One of the fundamental pillars of a robust competition policy is investigating and sanctioning this type of agreement, which contributes to having competitive markets to generate a fairer and more inclusive economy.
DEFENSE BEFORE THE JUDICIAL POWER
PJF denies amparo to Grupo Cuprum against compliance verification resolution that sanctioned it for failing to notify a merger
The First Collegiate Circuit Court Specialized in Economic Competition, Broadcasting, and Telecommunications, denied an Amparo to Grupo Cuprum, determining that the sanction of $4,442,942.19 for failure to notify a concentration before Cofece is in accordance with the law.
After a merger notification in 2023, derived from the analysis of the information in May of that same year, the Technical Secretary ordered the beginning of the non-notified merger procedure. Aftera resolution issued on June 6, 2023 by the Board of Commissioners from Cofece, Grupo Cuprum and other economic agents were sanctioned since their responsibility was proven for violating section III of article 86 of the LFCE.
The First Collegiate Circuit Court Specialized in Economic Competition, Broadcasting, and Telecommunications, denied an Amparo to Grupo Cuprum, determining that the sanction of $4,442,942.19 for failure to notify a concentration before Cofece is in accordance with the law.
After a merger notification in 2023, derived from the analysis of the information in May of that same year, the Technical Secretary ordered the beginning of the non-notified merger procedure. Aftera resolution issued on June 6, 2023 by the Board of Commissioners from Cofece, Grupo Cuprum and other economic agents were sanctioned since their responsibility was proven for violating section III of article 86 of the LFCE.
BY THE NUMBERS
BY THE NUMBERS
In February, the Commission dealt with 125 matters, of which, 75 correspond to mergers, 28 to proceedings for monopolistic practices and unlawful mergers, 5 to special proceedings, and 17 to opinions on bidding processes, concessions, and permits.
Complaints, investigations, and trial-like proceedings
- 4 complaints were analyzed, 1 of which was admitted in February, and 2 were rejected, so two remained pending at the end of the month.
- 19 investigations for monopolistic practices and unlawful mergers were followed up.
- 5 trial-like proceedings were followed up, one of which was initiated during the period.
- 5 special procedures were followed up to determine the existence of essential facilities and barriers to competition.
Mergers
- 75 mergers were monitored, of which 16 were notified during the period. Of these transactions, 11 were authorized, and 2 were closed, accordingly, 62 remained under analysis at the end of the month.1
- The amount of authorized transactions was $53,030.1 million pesos.
Amparo Trials
- During February, the Judicial Power resolved 9 amparo trials: 3 were granted, 3 were denied, and 3 were dismissed.2 At the end of the period, 342 trials are still in process, of which 328 correspond to economic competition matters.
- The file numbers of the authorized concentrations are: CNT-045-2024 (Red Balloon Trust / Culligan Water Mexico, S.A. de C.V. / Cmex Water, S.A.P.I. de C.V. / Clínica Médica Internacional de Juarez, S.A. de C.V. / Aqua Salus, S. de R.L. de C.V / Agua y Puntos de Venta, S.A.P.I. de C.V.), CNT-104-2024 (Newrest Group Holding SA / Compass Group Holdings Public Limited Company), CNT-105-2024 (Walton Street Mexico Managers IV, S. de R.L. de C.V. / Reit Propiedades Industriales, S. de R.L. de C.V. / Banco Actinver, S.A., Institución de Banca Múltiple, Grupo Financiero Actinver), CNT-128-2024 (CiBanco, Sociedad Anónima, Institución de Banca Múltiple, única y exclusivamente como fiduciario del contrato de Fideicomiso Irrevocable F / 1622 / Residencias Habitacionales de Tijuana, S.A. de C.V. / Promotora de Casas Habitacionales de Tijuana, S.A. de C.V. / ), CNT-129-2024 (LG Display Co. Ltd. / TLC China Star Optoelectronics Technology Co, Ltd), CNT-137-2024 (Sudarshan Europe B.V. / SK Neptune Husky Finance S.A.R.L. / Heubach Colorants Germany GmbH), CNT-138-2024 (Fibra Plus Management, S.C. / Fibra HD Servicios, S.C. / Banco Azteca, S.A., Institución de Banca Múltiple, Dirección Fiduciaria / Banco Actinver, S.A., institución de Banca Múltiple, Grupo Financiero Actinver), CNT-147-2024 (Banco Invex, Sociedad Anónima Institución de Banca Múltiple, Invex Grupo Financiero / Finsa Global Equity II, S. de R.L. de C.V. / Persona física), CNT-148-2024 (GBM Administradora de Activos, S.A. de C.V. S.O.Fi. / GBM 114, S.A. de C.V. S.O.F.I. / BLK Multi Activos Internacional, S.A. de C.V. Fondo de Inversión de Renta Variable / BLK Acciones Mexico –Disc II, S.A. de C.V. Fondo de inversión de Renta Variable / Blackrock Mexico Operadora, S.A. de C.V. S.O.F.I.), CNT-149-2024 (Sanofi / CDR XII Opal Holdings, L.P.), CNT-150-2024 (Nippon Paint Holdings Co., Ltd / Lsf11 A5 Topco LLC. / Lsf11 A5 Parent, L.P.).
- Of which it is reported that the court that finally resolved and the file number of the dismissed amparo trial is: Second Collegiate Circuit Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction in the entire republic, R.A. 387/2024; Second Collegiate Circuit Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction in the entire republic, R. A. 317/2023; Third District Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction in the entire republic, Exp: 202/2024; of the amparo judgments granted are: Second Collegiate Circuit Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction in the entire republic, R.A. 604/2023; Second Collegiate Circuit Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction in the entire republic, R. A. 428/2022; Second Collegiate Circuit Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction in the entire republic, R.A. 846/2022, and of the denied amparo suits are: First Collegiate Circuit Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction in the entire republic, R.A. 220/2023; First Collegiate Circuit Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction in the entire republic, R. A. 358/2024, and First Collegiate Circuit Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction in the entire republic, R.A. 556/2023.
RECOMMENDED READING
Fourth Quarterly Report 2024
The report accounts for Cofece's activities from October 1 to December 31, 2024. Chapter 1 describes the actions implemented to prevent and correct market structures that hinder, damage, or impede competition and free market access. Chapter 2 addresses efforts to combat and deter anticompetitive practices that affect markets. Chapter 3, highlights activities related to the promotion and dissemination of the principles of economic competition, such as the publication of the documents "Evaluación ex post por sanciones impuestas a los cárteles en la provisión del servicio integral de laboratorio y banco de sangre al IMSS e ISSSTE”, “Inteligencia artificial y competencia económica en el entorno digital”, as well as “Algoritmos y competencia económica en el entorno digital”.
Chapter 4 contains the actions aimed at consolidating Cofece's organizational model. Finally, Chapter 5 presents the Annual Work Program 2024 results.
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