C ompetition and COVID-19; Views of the Mexican Competition Commission

Creel, Garcia-Cuellar, Aiza y Enríquez, S.C.®

The Federal Economic Competition Commission (the “COFECE”) published its opinion on the application of the Mexican Competition Law in the context of the COVID-19 epidemic, as well as the declaration of the Federal Government to initiate phase 2 in Mexico.  

In its opinion, COFECE emphasizes its acknowledgment of the problems that the current pandemic creates for companies, consumers and the functioning of markets, and therefore provides the following guidelines to avoid the interruption of the supply chains:

(i) COFECE will not prosecute collaboration agreements that are necessary to maintain or increase supply, satisfy demand, protect supply chains, avoid shortages or hoarding of goods, so long as such measures are not aimed displacing competitors.

(ii) The markets where indiscriminate price increases are observed will be reviewed by COFECE and, when applicable, the relevant investigation procedures will be initiated.

(iii) Merger control procedures will be carried out in an expedited manner to meet current needs.

We hereby include the link to the publication: https://www.cofece.mx/postura-cofece-ante-emergencia-sanitaria/.

*This article or news brief does not constitute legal advice and is protected by copyright.