52 gas stations are fined by Cofece; the strongest sanctions, in Yucatán

MEXICO CITY.— The Federal Economic Competition Commission (Cofece) imposed fines of 437.9 million pesos on 52 gas stations and 18 managers for colluding to agree on prices for regular and premium gasoline between 2014 and 2021 in several entities in the country, reported yesterday the antitrust body, in information released by El Economista.

The largest sanction was for 315 million pesos and was decreed against three managers and 13 gas stations located in the state of Yucatán, belonging to Grupo Megasur, Grupo Enerkom and Grupo Lodemo, for manipulating prices between March 2020 and June 2021.

Another 70 million pesos in sanctions were imposed against 18 gas stations belonging to Grupo Casimiro, Grupo Hernie, Grupo Express-Bajío, Grupo Insurgentes, Grupo Presidentes, Arandas and Villas, located in Irapuato, Guanajuato, as well as six managers, for actions committed between January and November 2018.

Then, 15 gas stations and two directors of Grupo Combustibles and the Colón gas station were fined almost 28 million pesos for agreeing not to lower the price of fuel between 2014 and 2017, with the assistance of the Mexican Association of Gasoline Business Owners ( Amegas) in a forum of gas businessmen.

The Nandalumi and Iván Hugo Combustibles gas stations, located in Tuxtla Gutiérrez, Chiapas, in addition to two managers, received a fine of more than 12 million pesos for coordinating prices between January and December 2018.

Meanwhile, three other gas stations that are part of Grupo Hidrocarburos Hidalgo y Grupo, located in Pachuca, Hidalgo, as well as 3 managers were fined more than eight million pesos for carrying out these practices between January and October 2018.

And finally, the Casper and Centauro gas stations located in León, Guanajuato, in addition to two managers, were fined almost four million pesos for manipulating prices between January and August 2018.

It should be remembered that the fined agents can still appeal the resolution of the Cofece through the appeal of the indirect amparo trial, promoted before the judiciary.

Background

With these fines to several gas stations throughout the country, Cofece concluded a process – which as a whole took more than five years – since the notice of initiation of investigation into the conduct whose sanction began only yesterday was published in the Official Gazette of the Federation (DOF) on June 10, 2019 by the Investigative Authority of the antitrust body, then led by Sergio López Rodríguez.

The investigation, they noted, was processed under file DE-009-2019, concluded on August 25, 2022 and it was not until January of this year that Cofece summoned the economic agents identified as likely responsible for the practices being pursued, thereby The procedure followed in the form of a trial was activated.