MEXICO Law and Practice Contributed by: Alejandro Mendiola Diaz, Pedro Isaac Alcalá Berhouague and Benjamín Uriel Salinas Morales, Nader, Hayaux & Goebel
or AI-based pricing tools. The absence of live cases reflects the technical complexity of such behaviour and the need for further investment in detection technologies. Still, algorithmic collusion is recognised as a growing risk area. COFECE’s involvement in international forums and its recent publica - tions demonstrate a clear intention to develop enforcement capabilities in this domain over the coming years. 7.3 Monopolisation as a Cartel Offence In Mexico, monopolisation is not treated as a cartel offence. The legal framework distinguish - es between cartel conduct, (absolute monopo - listic practices) which involves co-ordination among competitors, and unilateral conduct by firms with market power (relative monopolistic practices). Absolute monopolistic practices include agree - • allocate customers, suppliers or territories; • rig bids in procurement processes; and • exchange information to facilitate any of the above. Monopolisation – understood as the abuse of market power by a single firm – is addressed under a different legal category that covers uni - lateral conduct. These practices include exclu - sive dealing, predatory pricing, loyalty discounts, refusal to deal, or other exclusionary strategies are assessed on a case-by-case basis to deter - mine whether it harms competition. This analysis considers the firm’s market power, the conduct’s effects, and whether efficiencies or objective jus - tifications exist. ments between competitors to: • fix prices or manipulate prices; • restrict output or supply;
While monopolisation is not a cartel offence under Mexican law, it remains sanctionable if it constitutes abuse of dominance under the rules for relative monopolistic practices. 7.4 Focus on Certain Industries/Sectors Between 2018 and 2025, COFECE prioritised cartel enforcement in sectors critical to consum - ers and the economy, particularly health, food and agribusiness, hydrocarbons, and transport – each accounting for over 11% of total investi - gations. These areas were targeted due to their impact on household budgets, supply chains, and public spending. This approach aligns with COFECE’s 2022–2025 Strategic Plan, which highlights eight high-risk sectors: food and beverages, transport and logistics, construction and real estate, energy, health, public procurement, digital markets, and financial services. These industries are structur - ally important and vulnerable to collusion. Looking ahead, COFECE is expected to main - tain strict oversight of food, health, transport, and public procurement sectors, given their complexity, consumer relevance, and history of anti-competitive risks. 7.5 Use of Messaging Applications and Chat Platforms COFECE has the authority to investigate all forms of communication, including exchanges through messaging apps and chat platforms. In past cartel cases, digital messages have been used as key evidence to demonstrate co-ordi - nation among competitors. For example, in a case involving the government bond market, COFECE relied on chat messages to uncover co-ordination among financial insti - tutions. Similarly, in a fuel market case in Baja
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