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SAI Law & Economics | Mexico | 26 Aug 2021

COFECE hits pharmaceutical cartel with maximum fines and disqualifies senior executives

The Federal Economic Competition Commission (COFECE) has 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, the COFECE also disqualified 10 executives involved in the collusion. Their actions are considered to have done great financial......
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SAI Law & Economics | 15 Jul 2021

Mexican competition regulator publishes preliminary rail freight study

The Mexican Federal Economic Competition Commission (COFECE) recently published the preliminary version of its Competition Study of Public Freight Transport Service by Rail to receive comments from interested agents to strengthen and enrich the findings of the study before its final publication. The study is an important and valuable effort by COFECE to promote efficient conditions in......
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SAI Law & Economics | 1 Jul 2021

New law against improper advertising contracts has competition implications

Following fast-track approval, the president has issued a new law against improper advertising contracts, granting new powers to the competition regulator that are arguably unconstitutional. Application of the new law may be problematic and may disregard the competence of the Federal Telecommunications Institute.
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SAI Law & Economics | Mexico | 10 Dec 2020

COFECE releases market study on food and beverage sector

The Federal Economic Competition Commission (COFECE) recently released a market study on the food and beverage sector (specifically, focusing on the 'modern channel' – that is, self-service stores). Through the study, COFECE noted that few self-service chains have a national presence, warned of regulatory barriers that harm competitive conditions and favour market concentration and issued......
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SAI Law & Economics | Mexico | 27 Aug 2020

COFECE penalises cartel in public procurement for health sector: integral services for laboratory studies and blood bank

The Federal Economic Competition Commission (COFECE) recently issued a press release informing that 11 companies and 14 individuals had established a non-aggression pact in order to distribute items from seven tenders previously called by the Mexican Institute of Social Security and the Institute of Security and Social Services of State Workers. The applicable fine was the highest that COFECE......
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SAI Law & Economics | Mexico | 16 Jul 2020

Three for one: austerity initiative to blend regulatory and antitrust institutions

Senator Ricardo Monreal of the National Regeneration Party recently presented a reform initiative to amend Articles 27 and 28 of the Constitution to join (and extinguish) three state organs which he believes share certain powers and competencies – namely, the Federal Economic Competition Commission, the Federal Telecommunications Institute and the Energy Regulatory Commission. The resulting......
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SAI Law & Economics | Mexico | 25 Jun 2020

COFECE deemed to have jurisdiction to review Uber-Cornershop merger

In November 2019 the Federal Economic Competition Commission (COFECE) and the Federal Telecommunications Institute asked the First Collegiate Court Specialised in Economic Competition, Broadcasting and Telecommunications to determine which authority has jurisdiction to review the merger of Uber and Cornershop. After a long procedure and delays owing to the COVID-19 pandemic, the specialised......
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SAI Law & Economics | Mexico | 16 Apr 2020

COVID-19 pandemic: economic competition considerations

Extraordinary measures are being taken by companies and governmental authorities to avoid aggravating the current situation and adapt quickly to the new operational and regulatory challenges arising from the COVID-19 pandemic. Nonetheless, economic competition law is still in force. This article discusses a series of considerations that companies should keep in mind to prevent potential......
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SAI Law & Economics | Mexico | 2 Apr 2020

Competition considerations between entities of same corporate group during bidding process

The Federal Economic Competition Commission's (COFECE's) board of commissioners recently fined two polyethylene glove providers for price fixing and bid rigging in the health sector. According to COFECE's resolution, the lack of competition in the bids for polyethylene gloves prevented lower acquisition prices, which affected the Mexican budget by approximately Ps42.28 million (approximately......
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SAI Law & Economics | Mexico | 12 Dec 2019

Institutional cooperation to address competition challenges of digital economy

The Federal Telecommunications Institute (IFT) has exclusive jurisdiction over cases, procurement and advocacy in competition matters relating to the broadcasting and telecoms sectors, while the Federal Economic Competition Commission (COFECE) has jurisdiction in competition matters regarding all other sectors. While this allocation of jurisdiction between the IFT and the COFECE may appear......
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