Ex Officio Investigation into Barriers to Competition and Free Market Access and/or Essential Inputs in the Rail Freight Public Transport Service Market
Mexico's economic competition authority, the Federal Economic Competition Commission (“COFECE”), announced the commencement of an ex officio investigation into the market for rail freight public transport services and its related services and rights within the national territory (the “Investigated Market”), owing to the possible existence of barriers to competition and free market access and/or essential inputs.
COFECE will investigate whether any restriction on the efficient functioning of the Investigated Market exists. As a result of the investigation, COFECE could issue a preliminary opinion in which it: (i) orders the elimination of the barriers that unduly affect the competition process; (ii) issues recommendations to the authorities in the case of legal provisions that unduly impede competition; (iii) determines the existence of essential inputs and, where applicable, issues guidelines to regulate them; or (iv) orders the divestiture of assets, rights, equity interests, or shares for the benefit of the market's functioning. COFECE has a period of 30 to 120 business days, which could be extended up to two times, to carry out its inquiries. For additional information, please contact: Fernando Carreño, Partner:+52 (55) 5258-1042 | fcarreno@vwys.com.mx Sergio López, Partner:+52 (55) 5258-1042 | slopez@vwys.com.mx

