Mexico City, May 21, 2024
On May 21, 2024, the notice of initiation of an ex officio investigation was published in the Federal Official Gazette, identified with file number AI/DC-001-2024, for the possible existence of barriers to competition and free market access or essential facilities that may generate anticompetitive effects in the market for the provision and distribution of mobile telecommunications services and related services in the national territory. The investigation will be conducted by the General Directorate of Market Conditions, which is part of the Investigative Authority of the Federal Telecommunications Institute (“IFT”).
In its notice, the IFT points out that the investigation should not be understood as a prejudgment of the conditions of effective competition in the markets under investigation, nor of the existence of barriers to competition and free market access or of essential facilities. The IFT clarifies that only if there is sufficient evidence to support the above, it will issue a preliminary notice that will contain proposed corrective measures to eliminate the identified restrictions. This notice will be notified to the economic agents that may be affected by the proposed corrective measures. These economic agents will be able to defend themselves from the notice and offer evidence. The notice was published so that any person can contribute with evidence during the investigation.
According to the IFT, telecommunications services are considered mobile when they are provided between mobile stations and earth stations or only between mobile stations, i.e., when the transmitter, the receiver, or either of them are in motion.[1]
Amilcar Peredo
peredo@basham.com.mx
Guadalupe Jiménez
mjimenez@basham.com.mx
[1] For more information please visit: https://www.ift.org.mx/sites/default/files/contenidogeneral/estadisticas/PronosticosTelecom2023.pdf
