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).