The Investigating Authority of the Federal Economic Competition Commission (COFECE) published on 12 October 2022, a notice initiating an investigation, for alleged anticompetitive conduct of horizontal monopolistic practices (or cartel practices) in the market of public procurement procedures for the acquisition, leasing, maintenance services and managed services of information and communication technologies.
The market under investigation is related to products such as desktop and laptop computers, televisions, photocopiers, computer cameras, storage equipment, and associated products, in the national territory. Additionally, the investigation includes the contracting or purchase of information and communication technologies such as, transmission services, software licensing, internet servers, as well as maintenance and managed services related to information technologies. Any government contracting procedure through public procurement in the investigated market could be subject to this investigation.
If the existence of a horizontal monopolistic practice is proven, economic agents could be fined up to 10% of their annual revenues in Mexico, as well as those who have participated, contributed to this illegal conduct may be sanctioned under the Federal Mexican Criminal Code, and may be subject to up to ten years in prison.
Please do not hesitate to get in touch with us if you wish to discuss how this development may impact your business operations in Mexico.
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