The Federal Commission of Economic Competition (Cofece) imposed a fine of 848 million 888 thousand 633 pesos to Mexico City International Airport (AICM) for preventing passenger bus access to the air terminal.
Through a statement, the Commission accused that the Airport refused to provide access to Transportación Terrestre UNE (UNE), which prevented it from offering service to passengers from the capital terminal to the state of Puebla and back.
He recalled that the Airport had already been sanctioned for carrying out a monopolistic practice, so, added to the recent action, it is considered repeat offender.
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“Cofece ruled that the AICM committed a monopolistic practice in the form of refusal of treatment, by means of which it prevented an economic agent from providing the federal passenger transport service, in the modality of integral bus and / or wagon, with origin or destination to the AICM, “he said.
By refusing to provide access to the UNE without justification, they established themselves “exclusive advantages” in favor of two permittees on the same route, who maintained their position without facing competitive pressure, the Commission denounced.
“The Plenary of the Commission considered that the AICM has substantial power in the market that corresponds to the access service to the Airport for the provision of the federal passenger transport service because, among other issues, it is the only bidder and there are no substitutes,” he wrote.
The Plenary of the Cofece ordered the Airport “suppress anti-competitive behaviour“, by justifying the opinions it issues for the entry of a new operator or for the increase of the vehicle fleet to existing permittees, based on “technical and non-discriminatory considerations” and in terms of article 47 of the Law on Roads, Bridges and Federal Motor Transport.
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It also ordered him to guarantee the access service to the AICM both for UNE – in case he remains interested and requests it again – and for economic agents who obtain or have obtained permission from the Ministry of Infrastructure, Communications and Transport for the provision of the motor transport service at the Airport.
In order to verify that the AICM is suppressing the conduct complained of, the Commission may request it to documentation proving compliance of the obligations imposed. This, for a period of five years and at any time.
“Once the resolution has been notified to the AICM, the economic agent has the right to go to the Judicial Power of the Federation to review the actions of the Commission, through an indirect amparo trial,” he concluded.
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