This year, the Federal Economic Competition Commission ("COFECE"), summoned various economic agents for their possible responsibility in carrying out absolute monopolistic practices in the soccer transfer market in Mexican territory.


Said absolute monopolistic practices are set forth in Article 53 of the Federal Economic Competition Law, (the “Law”), which provides that absolute monopolistic practices are considered all those whose purpose is: (i) to fix prices; (ii) restrict the volume or frequency of products or services; (iii) to divide the markets; (iv) to bid rigging.



In this regard, what caught the regulator's attention was the constant mention of the well-known "gentleman's agreement", in which, apparently on several occasions, team owners take positions to "protect the league".


Derived from its investigation process, COFECE determined that it has sufficient elements to initiate the procedure followed in the form of a trial in order to determine whether said agents have been engaged in a cartel.


In the event that, as a result of the investigation, the violations of the aforementioned article are identified, as well as the ninth article of the Law, corporation may be punished with up to 10% of their income and individuals with a jail sentence from 5 through 10 years in prison. However, it has not yet been determined whether these economic agents have or have not been engaged in monopolistic practices.

Should you have any questions or require further information regarding this note, please contact José Ruiz (jose.ruiz@rapa.mx) and/or Nestor Velasco (nestor.velasco@rapa.mx)