The Federal Economic Competition Commission (Cofece) published yesterday in the Official Gazette of the Federation (DOF) that it initiated an investigation for possible monopolistic practices in the market for integration, installation, maintenance and marketing of equipment, accessories and spare parts for the use of industrial gases in national territory.
“The object of the investigation is a possible anticompetitive 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 industry, as well as construction and production of advanced electronics, to name a few, “explained Cofece in a statement.
He clarified that this investigation, file IO-001-2021, should not be understood as a prejudice on the responsibility of any economic agent, since so far no violations of the regulations on economic competition have been identified, nor the or the subjects, who, if applicable, would be considered as likely responsible at the end of the same.
The term for this investigation is up to 120 business days, counted from June 25, 2021, the date on which it began, which may be extended for the same period up to four times.
If at the end of the investigation no elements are found that presume the realization of an anticompetitive practice, the Plenary of the Cofece could resolve its closure. In case there are grounds that indicate a violation of the Federal Economic Competition Law (LFCE), those who are likely responsible will be called to a procedure followed in the form of a trial to present their defense.
According to the LFCE, if the existence of an absolute monopolistic practice is proven, economic agents could be fined up to 10% of their income. In the event that the plenary session proves a case of recidivism, the fine could be imposed for up to double the corresponding amount.
Those who have contributed, promoted or induced the performance of these practices could also be financially sanctioned.
Absolute monopolistic practices are contracts, agreements or arrangements between competitive economic agents, the object or effect of which is the manipulation of prices, restriction or limitation of supply or demand, division or segmentation of markets, agreement or coordination of bids in tenders. , as well as the exchange of information between them to carry out any of the above behaviors.
Reference-www.eleconomista.com.mx