COFECE has opened an investigation in the market of distribution and commercialization of scopolamine in Mexico.

Mexico City, May 3rd, 2023.- The Investigative Authority of the Federal Economic Competition Commission (“COFECE” for its acronym in Spanish) announced on May 2, 2023 it has opened an ex officio investigation with file number IO-006-2022 on alleged collusive practices in the market of distribution and commercialization of scopolamine (Hyoscine, Butylscopolamine bromide, Scopolamine butylbromide, Hyoscine butylbromide, N-Butylbromide Scopolamine, Hyoscine butylbromide and related) in the Mexican territory.

In this regard, COFECE noted that scopolamine is an active ingredient used in medicines to treat various conditions, such as motion sickness, nausea, colitis, antispasmodics, and local analgesics, among others. COFECE stated that the health sector is a priority for COFECE due to its impact on people’s wellbeing and quality of life.

COFECE may require economic agents in the relevant market to provide documents or information or conduct on-site inspections. In such cases, the Federal Economic Competition Law (“FECL”) may compel such economic agents to cooperate with the COFECE and provide it with the requested information.

On the other hand, the announcement of the investigation aims to provide any interested economic agents with the opportunity of cooperating and providing any information it deems appropriate with relation to the investigated conduct or circumstances which may be contrary to the FECL. Therefore, any person or company involved in the relevant market that considers that it may have been affected will have the opportunity to contribute to the COFECE’s investigation.

The Competition and Antitrust Practice of the firm will be pleased to provide any additional information on the topic.