03 / 01 / 23
Bimonthly Newsletter – Antitrust
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JANUARY
The Federal Telecommunications Institute (“IFT, for its acronym in Spanish”) carried out a Public Consultation on the impact in terms of economic competition of the measures imposed on the preponderant economic agent in the telecommunications sector (“AEPT, for its acronym in Spanish”).
On January 4, 2023, the IFT approved the Public Integration Consultation on the economic competition impact of the measures imposed on the AEPT, which will be valid for 30 business days.
The biennial assessment on the economic competition impact of the asymmetric measures imposed on the AEPT is an exercise that the IFT imposed on itself, when issuing the asymmetric regulation in 2014 and is aimed at reviewing the effectiveness of the provisions set forth in such regulation, in order to eliminate, modify or establish new measures.
The Public Consultation was open to comments from interested parties from January 4 to February 15, 2023.
The Federal Economic Competition Commission (“COFECE, for its acronym in Spanish”) initiates trial-like proceeding for alleged price manipulation in the retail sale of gasoline and diesel fuel in Mexico.
On January 19, 2023, COFECE communicated that it had served with a statement of probable responsibility several economic agents and individuals in the investigation processed under file number DE-009-2019, after finding evidence of a collusion to fix, raise, agree, or manipulate the sale price in the gasoline and diesel fuel retail market in service stations in Mexico.
According to COFECE, gasoline and diesel are fundamental to the country’s economy, given that their price and quality have an impact on the Mexican families’ welfare and horizontally, on all productive sectors.
This initiates the trial-like proceeding carried out by COFECE. In this procedural phase, the alleged offenders may provide arguments and submit evidence. If the collusive practice is proven, sanctions could be imposed on the economic agents and individuals accused.
COFECE initiates trial-like proceeding for alleged price manipulation in the public retailing of marine diesel fuel.
On January 26, 2023, COFECE communicated that it had served with a statement of probable responsibility several economic agents and individuals in the investigation processed under file DE-029-2019, after finding evidence of a collusion to fix, raise, agree, or manipulate the sale price in the market for the public retail of marine diesel in service stations in Mexico.
Marine diesel is the fuel used by various types of vessels, such as boats and ships, and the service stations where it is sold are located in coastal areas or near the mouth of rivers.
This initiates the trial-like proceeding carried out by COFECE. In this procedural phase, the alleged offenders may provide arguments and submit evidence. If the collusive practice is proven, sanctions could be imposed on the economic agents and individuals accused.
FEBRUARY
Update of the pre-merger notification thresholds effective as of February 2023.
As a result of the update of the Measurement Unit (“UMA, for its acronym in Spanish”) published in the Federal Official Gazette on January 10, 2023, the monetary values that trigger the thresholds set forth in Article 86 of the Federal Economic Competition Law (“FECL”) for the notification of concentrations have increased. Such values are effective as of February 1st, 2023. Consequently, the amounts in effect that trigger the thresholds for notifying concentrations are the following:
1. When the originating act or sequence of acts, notwithstanding the place where they are carried out, are worth within Mexican territory, directly or indirectly, an amount higher than the equivalent of MXN$1,867,320,000 (approx. USD$101,429,657.79);
2. When the originating act or sequence of acts, imply the accumulation of 35% or more of the assets or stock of an economic agent, whose annual sales originating in Mexican territory or assets in the country, are worth an amount higher than the equivalent of MXN$1,867,320,000 (approx. USD$101,429,657.79) or;
3. When the originating act or sequence of acts, imply an accumulation within Mexican territory of assets or capital stock higher than the equivalent to MXN$871,416,000 (approx. USD$47,333,840.30); and two or more of the economic agents participating in the concentration have annual sales originating in Mexico or assets in Mexico which are worth, jointly or separately, an amount in excess of MXN $4,979,520,000 (approx. USD$270,479,087.45).
* The figures are expressed at an exchange rate of 18.41 pesos = 1 US dollar, effective on 23 February 2023, according to the Mexico’s Central Bank.
Board of Commissioners of COFECE is now complete with the appointment and ratification of two new Commissioners.
On February 2, 2023, economists Rodrigo Alcázar Silva and Giovanni Tapia Lezama took office as COFECE commissioners after being ratified by the Mexican Senate. It is relevant to mention that in December 2022, attorney Andrea Marván Saltiel had already taken office. These three appointments complete the seven positions of the COFECE Board of Commissioners, which until the end of 2022 were operating with only four out of seven Commissioners.
The three recently ratified commissioners are technical professionals specialized in Economic Competition who passed the knowledge exam applied by the Evaluation Committee provided for in Article 28 of the Mexican Constitution. With their ratification, the COFECE Board of Commissioners is strengthened by the fact that the seven commissioners that comprise it are now in office.
1 The figures are expressed at an exchange rate of 18.41 pesos = 1 US dollar, effective on 23 February 2023, according to the Mexico’s Central Bank.
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