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ARTICLE · 15 DECEMBER 2009

Mexico Imposes Antitrust Fine For Refusal To Share Television Content With Rival

Jones Day
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On December 1, it was announced that the Mexican Federal Competition Commission ("Cofeco") had imposed a fine of pesos $47.5 million (approximately US $3.7 million) on Grupo Televisa, which is controlled by Mr. Emilio Azcárraga Jean, for refusing to provide certain television content to a cable television competitor.

United StatesAntitrust/Competition Law
Javier Martínez Del Campo L.
Javier Martínez Del Campo L.
Manuel Romano
Manuel Romano
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On December 1, it was announced that the Mexican Federal Competition Commission ("Cofeco") had imposed a fine of pesos $47.5 million (approximately US $3.7 million) on Grupo Televisa, which is controlled by Mr. Emilio Azcárraga Jean, for refusing to provide certain television content to a cable television competitor. Under Mexican Federal Competition Law, the practice of refusing to sell or provide to specific persons products or services that are available and normally offered to others – a "negativa de trato" or refusal to deal – constitutes a "relative monopolistic" practice when done by a person with substantial power in the relevant market. The Grupo Televisa fine is one of the highest fines imposed by Cofeco and may reflect a determination by Cofeco to more seriously punish monopolization violations.

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