GC ALERT | Cofece launches investigation for alleged cartel behavior in the market for the use of industrial gases in Mexico

On January 5, 2022, the Federal Economic Competition Commission (“Cofece”) published the official communication by which it initiated an investigation for the alleged cartel behavior, under the file IO-001-2021.

The scope of the investigation is a possible anticompetitive agreement with respect to the infrastructure required to exploit industrial gases, which are used in different sectors, such as energy, health, food, and chemical industries, as well as the construction and production of advanced electronics, among others.

Cofece’s Investigating Authority is in charge of the investigation and has a term of approximately two and a half years to make the investigation. If sufficient evidence is found regarding cartel behavior, those who are likely to be responsible will be served to appear to a trial-like procedure to provide their defense.

If the existence of cartel behavior is proven, the economic agents involved may be fined with up to 10% of their income and the individuals who have participated in the activity may also be subject to criminal charges (with a maximum sentence of up to 10 years).

For more information, please refer to the official communication published on the Official Gazette of the Federation here.

At Gonzalez Calvillo, we have advised a wide variety of national and multinational companies in different industries, either as complainants, investigated agents, or as third parties, in and out of the immunity program, particularly in the most relevant monopolistic practices matters of the last few years.

Learn more about our work here.

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About Gonzalez Calvillo

For over 30 years, Gonzalez Calvillo has been at the forefront of the legal market in Mexico as a full-service leading law firm due to its transactional core and expertise in a wide range of practice areas. The firm is recognized for its ability to build cross-disciplinary teams for the most complex legal challenges and long track record of successfully providing groundbreaking business and regulatory advice to high-profile domestic and international companies. Often described as a pioneer of the Mexican legal services industry, the firm is known for its commitment to do things differently, bespoke solutions, and creating transformational legal changes that enable clients to achieve their objectives.

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