MEXICO Law and Practice Contributed by: Alejandro Mendiola Diaz, Pedro Isaac Alcalá Berhouague and Benjamín Uriel Salinas Morales, Nader, Hayaux & Goebel
Case Example From the Pandemic Period During the pandemic, COFECE initiated an investigation in the market for leasing non- residential real estate. The case was opened amid significant economic uncertainty. COFECE found possible evidence of co-ordination among competitors and the case had moved into the trial stage. A final resolution is expected in the near future. Current Enforcement Context To date, COFECE has not issued any formal statements suggesting that inflationary pres - sures or supply chain disruptions are increas - ing the risk of cartel behaviour. There is also no public evidence of a rise in crisis-driven collusion across markets. The agency has continued to monitor sensi - tive sectors, such as food, transportation, and healthcare, which are more exposed to exter - nal shocks. However, there has been no indica - tion that these conditions have led to changes in enforcement strategy or the adoption of new investigative tools. Conclusion Cartel enforcement in Mexico remains consist - ent and rule-based. Even in times of crisis, the legal framework does not permit co-ordination among competitors that would otherwise be prohibited. While isolated cases have emerged during periods of disruption, there is no indica - tion that economic conditions have created a broader trend conducive to cartel behaviour.
• Publishing advocacy materials to raise aware - ness. • Conducting market studies in sectors relevant to ESG. • Collaborating with international authorities on sustainability issues. • Organising forums and consultations to engage stakeholders and gather insights. As part of this effort, COFECE also launched a public consultation on the relationship between competition and sustainability. The consultation was open from December 2023 to January 2024, and the agency later published a summary of the responses and conducted interviews with selected participants. Conclusion While Mexico does not currently offer differ - entiated treatment for ESG-related co-oper - ation, COFECE is taking steps to understand how competition policy can support responsi - ble business practices. Until new guidance is issued, agreements between competitors based on ESG goals will continue to be reviewed under the same standards as any other form of co- ordination. 7.10 Crisis Cartels In Mexico, economic disruptions such as infla - tion and supply chain issues following the COV - ID-19 pandemic have not led to the creation of exceptions or exemptions in cartel enforcement. Absolute monopolistic practices – such as price fixing, market allocation, or output restrictions – are illegal regardless of market conditions, intent, or crisis-related justifications.
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