Answer ... Due to legal secrecy requirements, the enforcement landscape is quite difficult to assess, as current investigations are not made public. Final decisions are partially made public but usually lack sufficient detail to understand their analytical foundations. Court proceedings on the findings of the competition authorities can take years to complete and final decisions are not usually fully discussed by the competition authorities.
Since its creation in 2014, the Federal Economic Competition Commission (COFECE) has concluded and resolved five investigations into abuse of dominance. Three of these resolutions resulted in the imposition of sanctions on economic agents in the markets for:
- the supply of petroleum products to service stations belonging to the PEMEX franchise (2017); and
- interconnection services for the termination of mobile phone calls (2015 with a final ruling issued by the Federal Institute of Telecommunications).
In 2020, two investigations relating to abuse of dominance were concluded. One of these was in the market for online public broker platforms (closed due to a lack of evidence). Likewise, in 2019, investigations were concluded in the markets for:
- laboratory tests and certification in the pulp industry;
- raw, pasteurised milk and its derivatives; and
- retail sales of diesel and gasoline.
The prosecutor of COFECE is currently conducting five investigations for possible abuse of dominance in the following markets:
- generation, wholesale commercialisation and supply of electric energy and associated products, as well as services and activities relating to these markets in the national territory;
- the evaluation of the conformity of alcoholic beverage mezcal;
- the supply and wholesale distribution of consumer goods and retail marketing;
- digital advertising services and related services; and
- the production, distribution and commercialisation of medical oxygen and associated services in the national territory.
Meanwhile, the Federal Telecommunications Institute is conducting six investigations into probable relative monopolistic practices or illicit mergers in the following markets:
- fixed and mobile telephony services; fixed and mobile internet access services; and the production, distribution and marketing of online audiovisual content in the national territory;
- the production, distribution and commercialisation of online content; the distribution and commercialisation of electronic devices for the reproduction of online content; and restricted television and audio services in the national territory;
- the provision of wholesale unbundling services of the local network of the incumbent in the telecommunications sector in the national territory;
- mobile telecommunications services and commercialisation of mobile terminal equipment in the national territory;
- wholesale leasing services of local and inter-location dedicated links in the national territory; and
- the distribution of mobile terminal equipment and the marketing of mobile telecommunications services.
With regard to new developments anticipated in the next 12 months, in its Strategic Plan 2018–2021, the Federal Economic Competition Commission defined its institutional objectives and strategic approaches for the relevant period. One of its main objectives is the effective enforcement of competition law. To this end, the commission has set out an action plan that includes:
- facilitating and encouraging informed complaints of anti-competitive practices;
- effectively monitoring markets for the detection of anti-competitive practices and illicit mergers in priority sectors; and
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actively promoting the prevention and correction of anti-competitive market structures and legal frameworks by:
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- investigating and issuing declarations in priority sectors that lack conditions for effective competition;
- analysing and resolving on time the concentrations notified to it to prevent risks to competition;
- preparing market studies that identify restrictions to competition in priority sectors; and
- monitoring compliance with its recommendations.
The commission has also established a prioritisation strategy for the execution of its actions during the relevant period. This identifies priority sectors based on six main criteria, including the prevalence of anti-competitive practices. These criteria aim to identify sectors and sub-sectors in which markets and regulations may facilitate collusive agreements or abuse of dominance.
Based on these criteria, the commission has identified six economic sectors as priorities for its strategic plan:
- finance;
- agri-food;
- energy;
- transportation;
- health; and
- procurement (although this is not strictly speaking an economic sector).
The competition authorities also have the power to issue directives, guides, guidelines, and technical criteria, further to public consultation, on matters such as investigations of anti-competitive practices. Although the Federal Economic Competition Commission has not conducted public consultations on its preliminary drafts relating to substantial power, it has issued and made available for public consultation various guidelines relating to the study and analysis of substantial power and dominance. These cover:
These directives, guidelines, and technical criteria should be reviewed at least every five years.
The Federal Telecommunications Institute has currently issued two drafts for public consultation:
Likewise, between 2016 and 2020, the following preliminary drafts were issued:
Finally, in 2021, the following relevant documents were issued regarding investigations into anti-competitive misconduct (including abuse of dominance and substantial power):