On January 5, 2022, the Federal Economic Competition Commission (“Cofece”) published the notice through which it began the ex officio investigation into the possible absolute monopolistic practice, identifying it under file IO-001-2021.
The object of the investigation is a possible anti-competitive agreement regarding the infrastructure necessary to take advantage of industrial gases, which are used in various sectors, such as energy, health, the food and chemical industries, as well as construction and production. of advanced electronics, among others.
The Cofece Investigative Authority is in charge of the investigation and has an approximate period of up to two and a half years to carry out its investigation. If sufficient evidence is found regarding the possible commission of absolute monopolistic practices, those who are likely responsible will be called to a procedure followed in the form of a trial to present their defense.
If the existence of an absolute monopolistic practice is proven, the economic agents involved could be fined up to 10% of their income and the individuals who have participated in this activity could be subject to criminal sanctions (with imprisonment for up to 10 years).
For more information, consult the publication of the Official Gazette of the Federation. here.
At Gonzalez Calvillo we have advised a wide variety of national and multinational companies from various industries, either as whistleblowers, investigated agents or as third-party contributors, inside and outside the immunity program; particularly, in the most relevant matters of absolute monopolistic practices of recent years.
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