Mexico. In compliance with the provisions of section V of Article 96 of the Federal Law on Economic Competition (LFCE), the Investigating Authority issued the Preliminary Opinion regarding the existence of economic agents with substantial power in the relevant market for the provision of restricted television and audio services.
The investigation was also carried out based on the mandate established in the Thirty-Ninth Transitory Article of the Federal Law on Telecommunications and Broadcasting.
From the elements analyzed during the investigation period, it is concluded that the relevant market corresponds to the provision of restricted television and audio service, through any transmission technology, with a local geographical dimension, adopting as a geographical unit of study the municipality1 for the whole country, except for the Federal District, in which case, a single geographic market was defined, which includes the 16 delegations that make it up.
Similarly, it is concluded that the economic interest group of which Grupo Televisa is part, has substantial power in 2,124 relevant markets.
Economic agents who prove to have an interest in the matter may express what is convenient to their right and offer the elements of conviction that they deem pertinent with respect to the Preliminary Opinion, within a period of twenty working days following the publication in the Official Journal of the Federation of the Relevant Data of the Preliminary Opinion.
The Economic Competition Unit of the IFT will initiate a procedure in the form of a trial, in which all parties with a legal interest may offer evidence and allegations. That stage will conclude with the presentation of a draft resolution that, in due course, will be submitted to the Plenary for consideration, so that, if applicable, it may decide on the existence of substantial power based on the Federal Law on Economic Competition.
From this resolution of the Plenary, it is up to the Regulatory Policy Unit, in collaboration with the Economic Competition Unit, to substantiate the procedure in terms of the Federal Law on Telecommunications and Broadcasting to issue the necessary measures to promote competition in these markets.
