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Clubs of First division and the Liga Bancomer MX will be examined ex officio by the Federal Commission for Economic Competition before any monopolistic practices practiced during the transfer seasons.
According to what was published Wednesday in the Official Journal of the Federation, COFECE "would have known of facts that could lead to the possible practice of absolute monopoly practices provided for in Article 53 of the Federal Law on Economic Competition".
Although there is no accusation or complaint, it was decided to open an investigation and the clubs First division they were informed of the procedures that will be conducted regarding the modalities of signing in national football.
"As a result, this commission has sufficient elements for the initiation of an investigation, within the meaning of Articles 66 and 71 of the LFCE, which consider it necessary to exercise the power to investigation provided for in sections 12, sections I, 66 and 73 of the LFCE, since there is an objective cause that could indicate the existence of any absolute monopolistic practices provided for in section 53 of the LFCE and possibly Article 9 of the previous law, "reads the published text.
In addition, they recall that "the official investigation bearing the file number IO-002-2018 is open to determine if it has been updated or if it updates the behaviors described in the article 53 of the LFCE, and possibly Article 9 of the previous law, and, as the case may be, other conduct prohibited by the aforementioned legal systems, of which the Commission became aware through the investigation " .
These investigations will last from one to four months and if necessary, the time could be extended "up to four times".
Then, what is published in the Official Journal of the Federation:
"NOTICE by which the investigating authority of the Federal Economic Competition Commission opens the investigation identified under file number IO-002-2018, with a view to the possible commission of absolute monopolistic practices on the market of professional footballers on the national territory.
On the sidelines, a stamp bearing the national coat of arms, as follows: United States of Mexico.- Federal Commission for Economic Competition.- Investigating Authority.- File No. IO-002-2018.
"OPINION OF THE FEDERAL ECONOMIC COMPETITION COMMITTEE INQUIRY BEGINS AT THE EXAMINATION OF THE OFFICE IDENTIFIÉ NUMBER IO-002-2018, BY THE POSSIBLE COMMISSION OF ABSOLUTE MONOPOLIC PRACTICES IN THE MARKET OF THE NUANCE "ON THE NATIONAL TERRITORY.
The Federal Commission for Economic Competition (Commission) was informed by various public information of facts which could lead to the practice of absolute monopoly practices provided for in Article 53 of the Federal Law on Economic Competition, published in the Official Gazette of the Federation (DOF), May 23, two thousand and fourteen (LFCE), provision in force at the time of the beginning of this inquiry; as well as by Article 9 of the Federal Law on Economic Competition, published in the DOF on December 24, nineteen hundred and ninety-two, the last reform of which was published in the DOF on April 9, two thousand and twelve (Law previous), on the examined market for the FICHAJE OF PROFESSIONAL SOCCER ACTORS IN THE NATIONAL TERRITORY.
Consequently, this commission has sufficient elements for the initiation of an investigation within the meaning of Articles 66 and 71 of the LFCE. This authority considers that it is necessary to exercise the power of inquiry provided for in Articles 12 (1), 66 and 73 of the LFCE, as there is an objective reason which could indicate the right of action. the existence of absolute monopoly practices provided for in Article 53 of the LFCE. LFCE, and possibly in Article 9 of the previous law.
Therefore, the office investigation identified with the file number IO-002-2018 is open to determine whether they have been updated or not or the behaviors described in Article 53 of the LFCE are being updated. and possibly in Article 9 of the previous law; and, where appropriate, other conduct prohibited by the above-mentioned legal systems, which the Commission became aware of as a result of the investigation.
Since acts that may constitute violations of the LFCE and the predecessor law, the foregoing is specified, where applicable, in the probable liability report referred to in sections 79 and 80 of the LFCE, once this agreement only mentions the opening of an investigation procedure, of an administrative nature, in which acts which, in their case, could constitute a violation of the LFCE or the law, do not have not yet been definitively identified. Previously, there was also no question of definitively determining the subject (s) before whom or who, if any, should be heard by the defense as likely to be responsible for an offense.
This procedure must not be understood as a prejudice on the responsibility of any economic agent within the meaning of the second paragraph of Article 54 of the Regulation of the Federal Law on Economic Competition, published in the DOF on 10 November of two fourteen and two thousand and eighteen (Provisions), but as an action of the authority tending to check the respect of the LFCE, as well as the previous law, so that there is enough d & # 39; 39 elements to support the update of tickets, we will move to sections 78 and 80 of the LFCE.
Under the third and fourth paragraphs of section 71 of the LFCE, the duration of the investigation shall not be less than thirty working days nor more than one hundred and twenty working days from the date of this Agreement which can be extended up to four times.
On the basis of articles 16, 17, fraction II, 26, fraction I and 28, part I of the Organic Statute of the Federal Commission for Economic Competition (Statute), this file is transmitted to the General Directorate of Practical Research. Absolute monopolies, for the purpose of processing the inquiry procedure and in general, so that in respect of the applicable articles, it exercises the powers conferred on it by the Statute to conduct the present investigation.
On the basis of Articles 3, Frs IX, X and XI, 76, 124 and 125 of the LFCE, the information and documents that the Commission has obtained directly in the course of its investigations and audit procedures will be reserved, confidential or public. .
In accordance with Article 55 of Provisions 26 and 28, Section XI, of the LFCE, it is ordered to send for publication on the Commission's website, a section of the authority responsible for the Investigation, as well as in the notification, during the first investigation period referred to in the third paragraph of Article 71 of the LFCE. The above so that anyone can contribute to this procedure during the investigation period.
Mexico, the twenty-ninth of June, two thousand and eighteen. – This was agreed and signed by the head of the investigation authority of this commission, Sergio López Rodríguez.- Title. "
In Mexico City, on the twenty-ninth of October, two thousand and eighteen. – Instead, due to the absence of the head of the investigating authority, on the basis of letter No. COFECE-AI-2018-226, Director General of the Coordination Office , Bertha Leticia Vega Vázquez.- Section ".
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