Presencia en los medios

In the past few months, prices of LPG have risen to an all-time high. According to data reported by the Energy Regulatory Commission (CRE), the average price of liquefied petroleum gas (LPG) in June 2017 was 8.77 pesos ($0.43) per litre, while the average price in June 2021 was 12.94 pesos ($0.64).(1) In light of this, the Federal Economic Competition Commission (COFECE) launched an ongoing investigation(2) on 31 May 2021 to determine whether effective competition conditions exist in the LPG market. COFECE is also investigating possible anticompetitive behaviour in the market(3) similar to its previous studies, which provided multiple recommendations to promote competition in the market.(4)

On 2 September 2021,(1) the Mexican Economic Competition Commission (COFECE) imposed fines on 17 football clubs from the Mexican league, including the Mexican Football Federation (FMF) and eight individuals, for incurring in monopolistic practices (cartels) in the men's and women's football players' draft market.(2) The total amount of the imposed fines was 177.6 million Mexican pesos ($8,637,506.74).

The Federal Economic Competition Law (FECL)(1) considers a concentration to be any act between economic agents by which control is acquired or companies or assets are united. This concept includes acts that do not necessarily mean obtaining control through shareholding or transference of assets or shares but have similar effects.

The Investigative Authority of the Federal Economic Competition Commission (COFECE) have fined the numerous actors involved in a case of collusion in the pharmaceutical sector, in which agreements had been made to manipulate the supply and pricing of medical products. In an unprecedented move, COFECE also disqualified 10 executives involved in the collusion. Their actions are considered to have done great financial damage to the public treasury and low-income families.

After gaining fast-track approval, President López Obrador issued the Law for Transparency, Prevention and Combating Improper Practices in Advertising Contracting (the Advertising Contracting Law) in the Official Gazette on 3 June 2021. This will become effective on 2 September 2021 and will grant new powers to the Federal Economic Competition Commission (COFECE) but may fall outside the constitutional objectives of the competition authority. Application of the new law may be problematic and may disregard the competence of the Federal Telecommunications Institute (IFT).

On 4 November 2020 the Federal Economic Competition Commission (COFECE) released a market study on the food and beverage sector (specifically, focusing on the 'modern channel' – that is, self-service stores). COFECE considered the study relevant.

In April 2016 the Federal Economic Competition Commission (COFECE) Investigative Authority initiated an investigation for the probable commission of absolute monopolistic practices in the market of integral services for laboratory studies and blood bank.(1) The investigation derived from a complaint filed by the Mexican Institute of Social Security (IMSS), which became aware of a potential agreement between integrators to divide among themselves the regions and packages for public tenders that IMSS had issued in 2015.

The Mexican Procurement Law ("LAASSP" by its Spanish acronym) establishes that, by general rule, all governmental acquisitions of goods and services must be procured through public tenders. Only in exceptional situations, it shall be allowed to do said acquisitions through a direct award or a tender restricted by invitation. Nonetheless, according to the LAASSP, public tenders may have three different scopes: (i) national, in which only Mexican suppliers or those which offer goods or services with at least 50% of national content are able to participate; (ii) international under the coverage of treaties, aimed both for national suppliers and foreign ones that belong to a country that has a free trade agreement celebrated with Mexico; and (ii) open international, where national and foreign suppliers may participate regardless of their nationality. In principle, governmental agencies and entities shall prefer a national public tender and only in cases in which it is declared void or other exceptional situations, the scope of the public tender may be broadened by general rule, all governmental acquisitions of goods and services must be procured through public tenders. Only in exceptional situations, it shall be allowed to do said acquisitions through a direct award or a tender restricted by invitation. Nonetheless, according to the LAASSP, public tenders may have three different scopes: (i) national, in which only Mexican suppliers or those which offer goods or services with at least 50% of national content are able to participate; (ii) international under the coverage of treaties, aimed both for national suppliers and foreign ones that belong to a country that has a free trade agreement celebrated with Mexico; and (ii) open international, where national and foreign suppliers may participate regardless of their nationality. In principle, governmental agencies and entities shall prefer a national public tender and only in cases in which it is declared void or other exceptional situations, the scope of the public tender may be broadened

Reform initiative On 10 June 2020 Senator Ricardo Monreal of the National Regeneration Party (MORENA)(1) presented a reform initiative to amend Articles 27 and 28 of the Constitution. Through this reform, Monreal proposed to join (and extinguish) three state organs which he believes share certain powers and competencies – namely, the Federal Economic Competition Commission (COFECE), the Federal Telecommunications Institute (IFT) and the Energy Regulatory Commission (CRE). The resulting organ would be the National Institute of Markets and Competition for Welfare (INMECOB).