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ARTICLE · 05 MARCH 2010

Antitrust Alert: Mexico's Competition Commission Determines That Telcel Has Market Power In Mobile Telephony

Jones Day
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On January 21, 2010, the Federal Competition Commission of Mexico (Comisión Federal de Competencia, also known as "CFC" or "Cofeco") issued a ruling confirming that Telcel has substantial power in the market for mobile telephony services in Mexico.

MexicoAntitrust/Competition Law
Javier Martínez Del Campo L.
Javier Martínez Del Campo L.
Manuel Romano
Manuel Romano
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On January 21, 2010, the Federal Competition Commission of Mexico (Comisión Federal de Competencia, also known as "CFC" or "Cofeco") issued a ruling confirming that Telcel has substantial power in the market for mobile telephony services in Mexico. Cofeco's decision was adopted by a majority of 3 to 2 in its Junta del Pleno, Cofeco's highest decision body. The relevant proceeding was started by Cofeco at the request of a user of Telcel's services that argued that Telcel had substantial power in the relevant market and therefore should have specific obligations applying to its rates.

According to the Mexican Ley Federal de Telecomunicaciones (Federal Telecommunications Law), Cofeco's determination of the existence of substantial power is required before the Mexican Ministry of Telecommunications and Transportation (Secretaría de Comunicaciones y Transportes) may impose on a carrier, such as a Telcel, specific obligations related to rates, quality of service,

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