June 2025
Frontpage
Anticompetitive conducts
Defense before the judiciary
Recommended reading
FRONTPAGE
Cofece makes public four investigations initiated in 2024
Cofece makes public four investigations initiated in 2024
The investigations that have been made public and are currently in the information gathering stage, are: Possible illegal agreements in the market for chemical additives for construction in the national territory; Possible illegal agreements in public procurement of insurance; Possible unlawful concentration in the lime market in Mexico and Possible abuse of dominant position in platforms for the purchase, sale and rental of real estate.
ANTICOMPETITIVE CONDUCTS
Cofece concludes the procedure in the advertising market
Cofece’s Board of Commissioners resolved to close the procedure against Google in the national market for general search digital advertising services.
Cofece’s Board of Commissioners resolved to close the procedure against Google in the national market for general search digital advertising services.
DEFENSE BEFORE THE JUDICIARY
Denial of Amparo against the resolution verifying compliance with commitments.
The First Collegiate Circuit Court Specialized in Economic Competition, Broadcasting and Telecommunications denied the Amparo requested by Corporación Interamericana de Entretenimiento and others against the resolution that sanctioned them for failing to comply with various commitments.
The Court determined that compliance with the commitments was mandatory for all the complainants, and not only for those providing ticketing services, as had been determined by the District Court in the first instance.
In 2018, within the investigation for possible relative monopolistic practices in the market for the production and promotion of live entertainment events, as well as the operation and management of live entertainment venues, the economic agents requested to apply to the benefit for the exemption or reduction of fines. and offered several commitments. These were verified in 2021, after which Cofece’s Board of Commissioners determined a fine due to non-compliance.
The First Collegiate Circuit Court Specialized in Economic Competition, Broadcasting and Telecommunications denied the Amparo requested by Corporación Interamericana de Entretenimiento and others against the resolution that sanctioned them for failing to comply with various commitments.
The Court determined that compliance with the commitments was mandatory for all the complainants, and not only for those providing ticketing services, as had been determined by the District Court in the first instance.
In 2018, within the investigation for possible relative monopolistic practices in the market for the production and promotion of live entertainment events, as well as the operation and management of live entertainment venues, the economic agents requested to apply to the benefit for the exemption or reduction of fines. and offered several commitments. These were verified in 2021, after which Cofece’s Board of Commissioners determined a fine due to non-compliance.
Denial of Amparo against the resolution on absolute monopolistic practices in the market for comprehensive services for laboratory studies and blood banks.
The First Collegiate Circuit Court Specialized in Economic Competition, Broadcasting and Telecommunications denied the Amparo filed by Dicipa against the resolution issued in compliance with the sanction imposed for its participation in a collusive agreement. It was determined that the harm caused by the plaintiff did not involve the elements declared unconstitutional in several Amparo trials, consisting of the opportunity cost of public funds and the 2.0 increase factor.
At the same time, the Second Collegiate Circuit Court Specialized in Economic Competition, Broadcasting and Telecommunications denied the Amparo filed by Impromed for engaging in the absolute monopolistic practices in the blood bank market, as the participation of the company and its legal representatives were substantiated in the case file.
Additionally, the Second Collegiate Circuit Court Specialized in Economic Competition, Broadcasting and Telecommunications upheld the existence of the collusive agreement but granted the Amparo to Vitalmex concerning the calculation of the sanction, by holding that the authority should not apply the 2.0 increase factor, as it is not provided in the Federal Economic Competition Law.
The First Collegiate Circuit Court Specialized in Economic Competition, Broadcasting and Telecommunications denied the Amparo filed by Dicipa against the resolution issued in compliance with the sanction imposed for its participation in a collusive agreement. It was determined that the harm caused by the plaintiff did not involve the elements declared unconstitutional in several Amparo trials, consisting of the opportunity cost of public funds and the 2.0 increase factor.
At the same time, the Second Collegiate Circuit Court Specialized in Economic Competition, Broadcasting and Telecommunications denied the Amparo filed by Impromed for engaging in the absolute monopolistic practices in the blood bank market, as the participation of the company and its legal representatives were substantiated in the case file.
Additionally, the Second Collegiate Circuit Court Specialized in Economic Competition, Broadcasting and Telecommunications upheld the existence of the collusive agreement but granted the Amparo to Vitalmex concerning the calculation of the sanction, by holding that the authority should not apply the 2.0 increase factor, as it is not provided in the Federal Economic Competition Law.
RECOMMENDED READING
Economic benefit of Cofece's interventions 2024
To estimate the impact of its resolutions, Cofece conduct ex-ante assessments which measure, in monetary terms, the benefits generated by suspending or preventing anticompetitive practices. These assessments calculate the savings in pesos and cents obtained by consumers by avoiding price increases resulting from these conducts, as well as other types of benefits.
BY THE NUMBERS
BY THE NUMBERS
In June, the Commission handled 104 matters, of which 57 correspond to mergers, 37 to proceedings on monopolistic practices and unlawful mergers, 5 to special procedures, and 5 to opinions on bidding processes, concessions, and permits.
Complaints, investigations, and trial-like procedures
- 14 complaints were analyzed, 5 of which were filed during the reporting period. One complaint was dismissed, and one was deemed not filed. 12 remained under analysis at the end of the month.
- 14 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
- 57 mergers were analyzed, 8 of which were notified during the period. Of these transactions, 26 were authorized; accordingly, 31 remained under analysis at the end of the month.1
- The total value of authorized transactions amounted to $ 111,520.7 million pesos.
Amparo Trials
- In June, the Judiciary resolved 12 amparo trials: 5 were denied, 4 were granted, and 3 were dismissed.2 At the end of the period, 308 trials are still in process, of which 301 correspond to economic competition matters.
1. The file numbers of the authorized concentrations are: CNT-151-2024 (Robert Bosch GmbH / Johnson Controls International PLC / Johnson Controls-Hitachi Air Conditioning Holding Ltd), CNT-160-2024 (RCL Cruises Ltd. / Promociones Turisticas Mahahual, S.A. de C.V.), CNT-005-2025 (Splat Super Holdco, LLC. / Bain Capital Investors, LLC.), CNT-009-2025, CNT-018-2025, CNT-025-2025 (Premiere Brands International Holdings BV / Party Products Holdings LLC / Newco / AGMX Plastics LLC), CNT-029-2025, CNT-032-2025 (Xerox Corporation / Ninestar Group Company Limited / Lexmark International II, LLC.), CNT-036-2025 (Playa Hotels & Resorts N.V. / HI Holdings Playa B.V.), CNT-040-2025 (Tangerine Pomelo Group, S.A.P.I. de C.V. / Fintech Latam, S.A.R.L.), CNT-041-2025 (Wilson Orange Lake Holdings, LLC / Madison OL FLF Borrower 1, LLC / Holiday Inn Club Vacations Incorporated), CNT-042-2025 (Phoenix Packaging Mexico, S.A. de C.V. / Industrial Gate Desarrollos, S.A.P.I. de C.V. / Industrial Gate Capital, S.A. de C.V. / Empaques Moldeados de America Tecnologias, S. de R.L. de C.V. / Banco Actinver, Sociedad Anonima, Institucion de Banca Multiple, Grupo Financiero Actinver), CNT-044-2025 (Perseus Parent, L.P. / AP X Perseus Holdings, L.P. / AIPCF VIII A-TE Funding Lp), CNT-045-2025 (Equinox Gold Corp. / Calibre Mining Corp.), CNT-048-2025, CNT-049-2025 (United States Steel Corporation / Nippon Steel Corporation), CNT-050-2025 (Radicifin S.A.P.A. / LSF12 Rigel Investments S.P.A.), CNT-052-2025 (Tiendas Oxxo Mexico, S.A. de C.V. / Cafe del Pacifico, S.A.P.I. de C.V. / Adquisiciones DQ, S.A. de C.V.), CNT-053-2025, CNT-054-2025 (Tai Durango Cuatro Neo, S.A.P.I. de C.V. / T.S.K. Electrónica y Electricidad, S.A. / Energy Financing Company 1, S.A. / Ainda, Energia & Infraestructura, S.A.P.I. de C.V. / Banco Invex, S.A., Institución de Banca Multiple, Invex Grupo Financiero), CNT-055-2025 (Plasticos Tecnicos Mexicanos Total, S.A. de C.V / Imbera, S.A. de C.V. / Im Not A Freight Mx LLC), CNT-056-2025 (Gami Ingenieria E Instalaciones, S.A. de C.V. / Banco Actinver, S.A., Institución de Banca Múltiple, Grupo Financiero Actinver / Ennova America Fibra E, S.A. de C.V.), CNT-057-2025 (Danelo Limited / CPPIB Monroe Canada, Inc. / Bunge Global, S.A.), CNT-059-2025 (Ravago, S.A. / Helm de Mexico, S.A. de C.V. / Helm AG), CNT-060-2025 y CNT-064-2025.
2. Of which it is reported that the jurisdictional body that finally resolved and the file numbers of the denied amparo trials are: Second Specialized Collegiate Court, R.A. 476/2022; 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. 330/2023; Second Specialized Collegiate Court, R.A. 120/2024; Second Specialized Collegiate Court, R.A. 363/2024; First Specialized Collegiate Court, R.A. 56/2025; of the amparo trials granted are: Fourth Collegiate Auxiliary Court, R.A. 328/2023; Second Collegiate Specialized Court, Incident of non-execution 3/2025; First Collegiate Auxiliary Court, R.A. 1644/2022; Second Collegiate Specialized Court, R.A. 3/2025, and of the amparo trials dismissed are: First Specialized Collegiate Court, R.A. 666/2024; Second Specialized Collegiate Court, R.A. 97/2024 and First Specialized Collegiate Court, R.A. 48/2025.
Monthly report – May 2025
Tercer Informe Trimestral 2025