¿Qué estás buscando?

¿Qué estás buscando?

FRONTPAGE

Cofece notifies a company of a statement of probable responsibility for probable anticompetitive practices in the digital advertising services market

Cofece notifies a company of a statement of probable responsibility for probable anticompetitive practices in the digital advertising services market

banner-repmen-nov23
layer-cuadrado1-nov23

The Federal Economic Competition Commission (Cofece or Commission) notified a statement of probable responsibility to a company that presumably abused its dominant market position to engage in relative monopolistic practices in the market of digital advertising services and related services. Digital advertising is the most used means of advertising in Mexico and, in recent years, its use has continuously increased globally.

COMPETITION ADVOCACY

Cofece strengthens its collaboration with the academic sector of the state of Jalisco

Cofece signed a framework collaboration agreement with the University of Guadalajara (UdeG, per its acronym in Spanish) to strengthen competition policy at the state level by reaching out to the student community to raise awareness among professionals in training about the significance of economic competition and free market access.

layer-cuadrado2a-nov23

Cofece signed a framework collaboration agreement with the University of Guadalajara (UdeG, per its acronym in Spanish) to strengthen competition policy at the state level by reaching out to the student community to raise awareness among professionals in training about the significance of economic competition and free market access.

Cofece presents commemorative book at the Guadalajara International Book Fair

Within the framework of the 30th anniversary of the entry into force of the first Federal Economic Competition Law and 10 years of the creation of Cofece, a book titled “La política de competencia económica en México: retrospectiva, balances y retos” (Economic Competition Policy in Mexico: Retrospective, Balances, and Challenges) was presented at the Guadalajara International Book Fair. The contents of the book contribute to the reflection on where a new phase of competition policy should be headed, based on the analysis of its scope and the generation of capacities generated over three decades.

layer-cuadrado3-nov23

Within the framework of the 30th anniversary of the entry into force of the first Federal Economic Competition Law and 10 years of the creation of Cofece, a book titled “La política de competencia económica en México: retrospectiva, balances y retos” (Economic Competition Policy in Mexico: Retrospective, Balances, and Challenges) was presented at the Guadalajara International Book Fair. The contents of the book contribute to the reflection on where a new phase of competition policy should be headed, based on the analysis of its scope and the generation of capacities generated over three decades.

Cofece will redouble its efforts to guarantee competition conditions in Guerrero for the benefit of the population affected by hurricane Otis.

Within the scope of its powers, Cofece will intensify efforts to ensure that competition conditions prevail in order to restore supply chains, eliminate artificial restrictions on the supply of goods and services, and avoid undue price manipulation in Acapulco. In this way, the Commission contributes to the recovery of the areas affected by the natural phenomenon in the state of Guerrero.

layer-cuadrado4-nov23

Within the scope of its powers, Cofece will intensify efforts to ensure that competition conditions prevail in order to restore supply chains, eliminate artificial restrictions on the supply of goods and services, and avoid undue price manipulation in Acapulco. In this way, the Commission contributes to the recovery of the areas affected by the natural phenomenon in the state of Guerrero.

INSTITUTIONAL STRENGTHENING

Cofece enables the Electronic Filing Office for certain procedures

As of November 10, Cofece enabled the Electronic Filing Office so that economic agents and authorities can submit promotions and process the actions notified to them by the Commission. In this way, the Commission reiterates its commitment to electronic media management under the principles of digital government and open data, benefiting users by reducing their time and ensuring transparency in each of the procedures carried out.

layer-cuadrado5-nov23

As of November 10, Cofece enabled the Electronic Filing Office so that economic agents and authorities can submit promotions and process the actions notified to them by the Commission. In this way, the Commission reiterates its commitment to electronic media management under the principles of digital government and open data, benefiting users by reducing their time and ensuring transparency in each of the procedures carried out.

RECOMMENDED READING

Economic competition policy in Mexico: Retrospective, balances, and challenges

With the first economic competition law in 1993, Mexico took its first steps towards an open and globalized market economy. In 30 years, a series of changes in the field of economic competition took place, the most recent being the 2013 constitutional reform which brought structural changes to the Mexican economy and with which it was determined to create a strong and autonomous body capable of consolidating the lessons learned from previous years; thus, Cofece was born.

The pages of this book contain reflections and lessons learned in the past, as well as the recognition of the challenges ahead in economic competition, within a context of constant national and international changes.

BY THE NUMBERS
BY THE NUMBERS

In November, the Commission processed 101 matters, of which 56 were related to concentrations, 30 to procedures for monopolistic practices and unlawful concentrations, 5 to special procedures, and 10 to opinions on bidding processes, concessions, or permits.

Complaints, investigations, and trial-like procedures

  • 3 complaints for anti-competitive conduct were received, added to the 2 pending from the previous period. Of these, 1 was dismissed and 1 was deemed as not filed, at the end of the period 3 complaints remain under analysis.
  • 1 ex officio investigation was initiated for monopolistic practices, added to the 16 pending investigations of the previous period.
  • 1 trial-like procedure was initiated for probable anticompetitive practices in the market of digital advertising services, which was added to the 7 pending procedures of the previous period.
  • 1 procedure to determine the existence of essential facilities and barriers to competition was initiated, this was added to the 3 pending procedures of the previous period.
  • Follow-up was given to 1 procedure to resolve the conditions of the maritime transport of cargo and passengers market in Baja California Sur.

Concentrations

  • 56 concentrations were analyzed, 16 of which were initiated during the period. Of these, 21 were authorized and 2 were closed for information not presented.1 At the end of the period 33 mergers are still under analysis.
  • The amount of authorized transactions is 46 thousand870 million Mexican pesos.

Amparo trials

  • During November, the Judicial Power resolved 21 Amparo trials: 1 was granted, 2 were denied and 18 were dismissed.2 At the end of the period, 407 trials were still in process, of which 358 corresponded to economic competition matters.
1. The files of the authorized concentrations are: CNT-066-2023 (Grupo Alfar, S.A. de C.V. / C&A Mode AG), CNT-076-2023 (CIBanco, S.A., Institución de Banca Múltiple / Afil Fund, S.A.P.I. de C.V. / AC2 Mexico Mm Investor LLC), CNT-088-2023 (Torch Investment Holdings LLC / Televisa Univision, Inc. / Raine Associates IV Corp (AIV 2) GP LP / Fl TVUN IV, LLC / Fl TVUN III, LLC), CNT-089-2023 (Real Isleño, S.A. de C.V. / Operadora Real Isleño S.A. de C.V / CPGH MLP S. de R.L. de C.V. / BC Mexico Ventures, LP), CNT-091-2023 (Operadora de Infraestructura Especializada de Guanajuato, S.A.P.I. de C.V. / CIBanco, S.A., Institución de Banca Múltiple), CNT-092-2023 (Orion IEP, S.C. / Fuerza Eolica San Matias, S. de R.L. de C.V. / Banco Actinver, S.A., Institución de Banca Múltiple, Grupo Financiero Actinver), CNT-093-2023, CNT-095-2023 (Zuma Energiz, S.A. de C.V. / Latin American Infrastructure Investments S.A.R.L. / Jaguar Solar Holdings, S.A. de C.V. / Hidalgo B.V.), CNT-096-2023 (Pla Administradora Industrial, S. de R.L. de C.V. / CIBanco, S.A., Institución de Banca Múltiple), CNT-097-2023 (Nugil S.A.S / Grupo Nutresa S.A. / .JGBD Holding S.A.), CNT-103-2023 (Moksha8, Inc. / Acinco Internacional AG), CNT-105-2023 (Prologis Agua Fria 2, S. de R.L. de C.V. / Constructora Makro, S.A. de C.V.), CNT-106-2023 (Proyecto Insignia, S.A.P.I. de C.V. / Grupo Corporativo LML, S.A. de C.V.), CNT-107-2023 (Placin Topco S.À R.L. / Placin Midco S.À.R.L. / Placin Management SCSP / EW Group GMBH / Blue Label Capital, S.L.), CNT-109-2023, CNT-110-2023 (Meru I S.A.R.L. / Food Delivery Brands, S.A.U. / BSSF II Ireland Dac), CNT-111-2023 (Synlab AG / Fifth Cinven Fund / Ephios Luxembourg S.À R.L.), CNT-112-2023 (Fideicomiso Fibra Uno / Fideicomiso Fibra Next / Banco Actinver, S.A., Institución de Banca Múltiple, Grupo Financiero Actinver), CNT-114-2023 (ZF Friedrichshafen AG / Foxconn EV Singapore Holding Pte. Ltd.), CNT-117-2023 (OF Holdings S.A.S. / CEP IV Louxor / CEP IV Investment 7 S.A.R.L.) y CNT-122-2023 (Popco Trust / Fondo IC GC Cero, S. de R.L. de C.V. / CIBanco, S.A., Institución de Banca múltiple).

 

2. Of which it is reported that the jurisdictional body that finally resolved and the file number of the Amparo trials granted is: 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. 481/2019; 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, file: 358/2022 and First District Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, file: 195/2023; and of the Amparo trials dismissed are: First District Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, file: 84/2020; First District Court in Administrative Matters Specialized in Economic Competition, Broadcasting and Telecommunications, with residence in Mexico City and jurisdiction throughout the Republic, file: 233/2020; First District Court of the Auxiliary of the First Region, with residence in Mexico City, file: 114/2021; First District Court of the Auxiliary of the First Region, with residence in Mexico City, file: 124/2021; 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. 389/2023; 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. 135/2023; 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. 724/2022; 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. 556/2022; 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. 683/2022; 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. 795/2022; 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. 230/2022; 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. 303/2022; 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. 309/2022; 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. 413/2022; 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. 274/2022; 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. 292/2022; Second Collegiate Circuit Court in Administrative Matters of the First Circuit, R.A. 330/2022, and 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. 278/2022.