Cofece investigates production of medicinal oxygen

The Federal Commission on Economic Competition (Cofece) announced that it is investigating possible relative monopolistic practices in the market for the production, distribution and commercialization of medicinal oxygen in the national territory.

Medicinal oxygen is used as a medicine for the care of respiratory ailments, for the treatment or prevention of oxygen deficiency in the blood, in home services of invasive and non-invasive mechanical ventilation, in surgical interventions, in addition to being used in studies to diagnose sleep disorders.

The investigation covers the possible realization of relative monopolistic practices, consisting of establishing exclusive conditions in the sale or purchase in the market of production, distribution and commercialization of medical oxygen and related services in the national territory.

If the performance of a relative monopolistic practice is verified, the responsible economic agent or agents could be penalized with fines of up to 8% of their income and the order to suppress the conduct.

This investigation should not be understood as a prejudgment, but as an action by the authority to verify compliance with the Federal Law on Economic Competition.


Relative monopolistic practices are the acts, contracts, agreements or procedures carried out by one or more economic agents with substantial power, and which have, or may have, the object or effect of unduly displacing other market agents, substantially preventing their access, or establish exclusive advantages in favor of one or more economic agents.

According to Cofece, examples of these practices are tied purchases or sales, exclusivities, price or treatment discrimination, raising costs to other economic agents, refusal of treatment, among others.

This investigation, identified with the file IO-001-2020, should not be understood as a prejudgment of the responsibility of any economic agent, since up to now, no violations of the regulations on economic competition have been identified. .

The Cofece explained that the period for this investigation is up to 120 business days, counted from July 13, 2020, the date on which the investigation began, which may be extended for the same period up to four times.

If at the end of the investigation there are no elements that presume the carrying out of said anti-competitive practice, the Plenary Session of the Cofece would resolve its closure.

In the event that elements are found that presume a violation of the Law, those who are likely responsible will be called to a procedure followed in the form of a trial to present their defense.