By Marco Tena
The Federal Economic Competition Commission (COFECE), imposed a series of monetary sanctions on a total of 52 gas stations, the Mexican Association of Gasoline Entrepreneurs (Amegas) and 18 executives for being found guilty of conspiring illegally and to the detriment of end consumers to manipulate gasoline prices, regular and premium, between 2014 and 2021.
The fines, imposed on: 15 gas stations of Grupo Combustibles and Gasolineras Colon; to 13 gas stations of Grupo Megasur, Grupo Enerkom and Grupo Lodemo; to 18 gas stations of Grupo Casimiro, Grupo Henrie, Grupo Express-Bajío, Grupo Insurgentes, Grupo Presidentes and Arandas y Villas; Gasolineras Nadalumi and Iván Hugo Combustibles; to Gasolineras Casper and Centauro and to 3 gas stations of Grupo Hidrocarburos Hidalgo, Grupo Gesa and Grupo Flores, amounting to a total of $ 437,911,146.00, for practices ranging from making agreements not to lower fuel prices to manipulating fuel prices, all of this throughout the Republic.
Is it illegal to agree on prices among competitors? According to the Federal Antitrust Law, price fixing is considered an absolute monopolistic practice, which is when one or more economic agents engage in conduct at the expense of preventing or harming the competition process, since they eliminate their benefits by acting in a manner similar to monopolies. Since it is absolute, those responsible cannot demonstrate any type of synergy to justify the conduct, which is severely penalized.
What causes this? That the companies increase their welfare, patrimony and obtain benefits at the expense of their consumers. The Constitution clearly and categorically expresses the prohibition of these practices due to their serious damage to the economy and the population in general, hence the importance of their correct investigation and penalization.
Do you know if your contracts, commercial relationships and suppliers comply with the competition standards established in the Federal Antitrust Law? Do not hesitate to contact us for assistance or a complete evaluation.
