The Federal Commission of Economic Competition (Cofece) fined the International Airport of Mexico City (AICM) for 848.8 million pesos for falling into monopolistic practices by improperly refusing to provide the bus company Transportation Terrestre UNE (UNE) with the service of airport access to and from Puebla.
In a statement, the authority also reported an order to suppress this anticompetitive practice, for which it may require the AICM, for a period of five years, the documentation that proves compliance with the imposed obligations.
“It should be noted that the airport had already been sanctioned by Cofece for carrying out a monopolistic practice, which is why it is considered a repeat offender,” the agency said in a statement.
With the denial of access, the AICM established “exclusive advantages” in favor of two permit holders on the same route, which isolated them from the competition to the detriment of users, he added.
The Cofece Plenary considered that the AICM has “substantial power” in the market for the provision of the federal passenger transport service to the airport, since, among other reasons, it is the only provider and there are no substitutes.
“This translated into a loss of well-being for service users, who could have had more options and lower prices if the prohibited practice had not been configured,” Cofece said.
To suppress this conduct, the Commission asked the AICM to justify the meaning of the opinions it issues in terms of article 47 of the Federal Roads, Bridges and Autotransportation Law for the entry of a new operator, or for the increase in the vehicle fleet for permit holders. existing, based on technical and non-discriminatory considerations, stating the reasons, motives and circumstances that it deems applicable.
In addition, it requested to guarantee the access service at the airport, both for UNE, in case it is still interested and requests it again, and for economic agents that obtain or have obtained a permit granted by the Secretariat of Infrastructure, Communications and Transportation (SICT). for the provision of the motor transport service, as long as the requirements are met, which must be applied in a non-discriminatory manner.
Once the resolution has been notified to the AICM, the economic agent has the right to go to the Judicial Branch of the Federation to review the Commission’s actions, through an indirect amparo proceeding.