MEXICO Law and Practice Contributed by: Alejandro Mendiola Diaz, Pedro Isaac Alcalá Berhouague and Benjamín Uriel Salinas Morales, Nader, Hayaux & Goebel
• the mechanism used (eg, direct communica - tion, intermediaries, or industry associations); and • structural characteristics of the market, including concentration and transparency. While information exchange may have legiti - mate, even pro-competitive users – such as improving efficiency or market transparency – it can raise serious competition concerns under certain conditions. These include the sharing of individualised or forward-looking data, frequent contact among competitors, or exchanges in markets with few players or low entry barriers. COFECE has acknowledged the role that third parties can play in facilitating indirect informa - tion sharing. For example, suppliers or industry chambers may unintentionally act as conduits for anti-competitive co-ordination. Despite the legal framework, enforcement has focused on explicit collusion, such as price- fixing or market allocation. As a result, while information sharing is recognised as a potential infringement, enforcement remains limited and highly context-specific. 7.2 Use of AI and Algorithms COFECE has expressed growing concern over the risks that Artificial Intelligence (AI) and pric - ing algorithms pose to competition. These tools can facilitate both explicit and tacit collusion among competitors, especially in digital or highly automated markets. In 2023, COFECE contributed a policy paper to the OECD titled Algorithmic Collusion: Challeng - es for Competition Policy in the Digital Economy. This document outlines several areas of concern.
• The risk of price alignment without formal agreements, driven by algorithmic learning and market observation. • The potential of hub-and-spoke co-ordination through shared software providers. • The challenge of detecting and assigning legal responsibility when collusion emerges from self-learning systems. • The limitations of current enforcement tools and legal frameworks to effectively address algorithm-collusion. COFECE further explored this topic in its 2014 publication Algorithms and Competition in the Digital Environment, which aims to increase awareness of algorithmic co-ordination risks and promote early detection among market partici - pants. Monitoring and Enforcement Limitations Despite being proactive in policy discussions, COFECE acknowledges that investigating algo - rithmic collusion presents technical challenges. Many algorithms are opaque, continuously learning, and difficult to audit without special - ised tools. As of today, the Commission has not yet acquired advanced forensic capabilities to analyse algorithmic behaviour in-depth. Nevertheless, COFECE has taken steps to strengthen its institutional capacity. In 2024 it participated in the International Competition Network (ICN) Technologist Forum, co-hosted by the US Federal Trade Commission. This event brought together over 20 global authorities to promote collaboration and develop shared strat - egies for regulating digital markets and the use of digital tools. Current Status and Outlook To date, COFECE has not launched any formal investigations involving algorithmic collusion
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