As a result of the increase in the value of Electronic Commerce of Retailers in National Territory (the “Market”), which consists of the sale and purchase of merchandise through the Internet, the Federal Economic Competition Commission (“COFECE”) initiates an investigation to determine the possible existence of barriers to competition and free concurrence and/or essential inputs that may generate anticompetitive effects.

According to the Federal Antitrust Law, competition barriers are any facts or acts of agents which: (i) have the purpose or effect of preventing access by competitors or limiting their ability to compete; (ii) prevent or distort competition and free concurrence; or (iii) legal provisions that unduly prevent or distort competition and free concurrence.

If such elements are found, the Plenary of the COFECE may: (i) order the economic agent to eliminate the barriers that unduly affect the competition process; (ii) issue recommendations to the public authorities in case there are legal provisions that unduly prevent or distort competition and free concurrence; (iii) determine the existence of essential inputs and, if applicable, issue guidelines for their regulation; or (iv) order the divestiture of assets, rights, social parts or shares of the economic agent involved.

The period of the investigation shall not be less than thirty nor exceed one hundred and twenty days.

If you have questions or require additional information regarding this communication, please contact info@rapa.mx