This type of investigation is not intended to sanction illicit conduct, but rather aims to eliminate structural barriers, or open access to essential inputs, that are preventing competition and free competition.
Barriers to competition are the structural characteristics, rules and/or acts that hinder the access of competitors, limit their ability to compete or that distort the competition process.
On the other hand, an essential input is an irreplaceable and indispensable element for the production or provision of goods and services.
The Cofece Investigative Authority has a period of approximately two and a half years to carry out the investigation. If there are elements to determine the existence of barriers to competition and/or essential inputs, Cofece may order the elimination of barriers, access to inputs, and issue recommendations to public authorities.
See the notice of initiation of the investigation here.
Gonzalez Calvillo represents a wide variety of national and multinational companies from various industries, either as investigated agents or as third-party contributors, in the most representative investigations into barriers to competition and essential inputs in recent years.
Click here to read the PDF version.
About Gonzalez Calvillo
For more than 30 years, Gonzalez Calvillo has been at the forefront of the legal market in Mexico as a multi-service firm based on its transactional approach, as well as specializations in a wide variety of practice areas. The firm is recognized for its ability to build disciplinary teams to the most complex legal challenges, as well as for its long record of providing innovative business and regulatory advice to prominent local and international companies. Frequently described as a pioneer of legal services in Mexico, the firm is recognized for its commitment to doing things differently, generating tailored solutions and creating transformational changes in the legal field that allow its clients to achieve their objectives.