COFECE investigates public procurement procedures regarding information and communication technology services.

Mexico, October 12th, 2022.

The Federal Economic Competition Commission (“FECC”), published on October 12, 2022, the initiation of investigation no. IO-001-2022 for the possible execution of absolute monopolistic practices (collusive conducts), in the market of public procurement procedures related to the acquisition, leasing, maintenance and managing services involving information and communication technologies in the national territory.

Regarding this investigation, the FECC explained that it analyzes the procedures for the purchase and/or lease of products such as desktop and laptop computers, televisions, photocopiers, computer cameras, storage equipment and related products, in the national territory. Likewise, the investigation includes the contracting or purchase of information and communication technologies such as broadcasting services, software licensing, internet servers, maintenance and managing services related to information technologies, involving government contracting procedures through public procurement.

The FECC 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 FECC and provide it with the requested information.

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. Also, those who have participated in such conduct may be entitled to the benefits of the Immunity and Reduction of Sanctions Program. 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 FECC’s investigation.