The Investigative Authority of the Federal Economic Competition Commission (“COFECE”) published on July 3, 2023 the notice of initiation of an investigation for a complaint for the possible performance of related monopolistic practices with file number DE-023-2023, in the market for the development, marketing and sale of digital goods and/or services, as well as related services in the national territory.

In this regard, COFECE noted that this investigation focuses on products such as electronic books, software, video games, photographs, music, and online movies, among others. These digital goods and services are created by developers and marketed to end users through various channels. In addition, COFECE indicated that it will analyze the negotiation and payment processing mechanisms associated with these transactions. In this regard, he pointed out that, in 2021, video game sales in the country increased by 24% compared to the previous year, while digital book sales grew by 35% and digital photo and video sales by 19%.

In this investigation, COFECE may request information in writing, carry out verification visits, as well as summon economic agents that participate in or are related to said market to testify. Pursuant to the Federal Law on Economic Competition (“LFCE”), there is an obligation for economic agents that are requested and visited to cooperate and submit the information requested to COFECE.

The purpose of publishing said investigation is to provide any economic agent with an interest in it, the opportunity to contribute and express what is appropriate to their right in relation to the investigated conduct or circumstances that may be contrary to the LFCE. Therefore, any person or company that considers that it has an affectation in the investigated market will have the opportunity to manifest it before COFECE.

For more information contact:

Juan José López de Silanes  | Partner Basham, Ringe and Correa | lopez_de_silanes@basham.com.mx