The Federal Economic Competition Commission (Cofece) initiated an investigation into the Mexican freight transportation market.

In a notice published this Tuesday in the Official Journal of the Federation (DOF), Cofece informed that it will investigate ex officio this case, identified under file number IO-002-2023, for the possible commission of absolute monopolistic practices.

Derived from diverse public information, Cofece became aware of facts that derive in the possible commission of conducts that could constitute absolute monopolistic practices provided by article 53 of the Federal Law of Economic Competition (LFCE).

Freight transportation

Therefore, this Commission considers it necessary to exercise its investigative power provided in articles 12, section I, 66 and 71 of the LFCE, as well as 16 and 17, section II, of the Organic Statute of the Federal Antitrust Commission (Statute), since there is an objective cause that could indicate the existence of possible absolute monopolistic practices provided in article 53 of the LFCE.

In the event that during the investigation this authority becomes aware of additional facts that may have occurred prior to the entry into force of the LFCE, such facts could update the provisions of article 9 of the Federal Antitrust Law, published in the DOF on December twenty-fourth, nineteen ninety-two, whose last amendment was published in the DOF on April ninth, two thousand twelve (Former Law).

Therefore, the ex officio investigation identified with file number IO-002-2023 is initiated in order to determine whether or not any of the conducts set forth in article 53 of the LFCE and, as the case may be, in article 9 of the Former Law in the Investigated Market have been updated or are being updated or are not being updated.

Competition

The foregoing, in the understanding that the acts that may constitute violations to the LFCE and, if applicable, to the Former Law, shall be determined, if applicable, in the opinion of probable liability referred to in articles 78, section I, 79 and 80 of the LFCE, since this resolution refers only to the initiation of an investigation procedure.