Mexico. The Investigating Authority (AI) of the Federal Institute of Telecommunications (IFT) reported that it initiated an investigation into the complaint of probable illicit concentrations in the markets for the provision of restricted television and audio services, fixed and mobile telephony, and fixed and mobile broadband Internet access, in the national territory.
The publication of the notice of merit was made so that anyone can contribute or contribute elements during the investigation, filed under file AI/DE-001-2018.
The conduct investigated consists of one or more mergers, acquisitions of control or any act by virtue of which companies, associations, shares, social parties, trusts or assets in general are united that is carried out between competitors, suppliers, customers or any other economic agents and that have as their object or effect to hinder, diminish, damage or prevent free competition or economic competition.
Such concentrations may constitute anti-competitive conduct where the transactions succeed in conferring or increasing the substantial power of one or more economic operators; displace other economic agents or establish barriers to entry that prevent third parties from accessing the market or essential inputs, or displace other economic agents, and facilitate the commission of monopolistic practices prohibited by the Federal Law on Economic Competition.
It is important to mention that the investigation procedure should not be understood as a prejudgment on the responsibility of any economic agent, but an action of the Investigating Authority that seeks to verify compliance with the Federal Law on Economic Competition in the telecommunications and broadcasting sectors, so only if there are sufficient elements to support the updating of contraventions of the law, an opinion shall be issued by which the economic operators likely to be responsible shall be summoned to state what is appropriate to their right.
In accordance with the provisions of the Federal Law on Economic Competition, the investigation period of this file may not be less than 30 business days, nor exceed 120 days, and will begin to count from May 18, 2018, the date on which the initiation agreement was issued. However, the investigation period may be extended by the IA up to four times, when there are duly justified causes.
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