MEXICO

On December 14, the Federal Telecommunications Institute (IFT in Spanish) and the National Institute for Transparency, Access to Information and Protection of Personal Data (INAI in Spanish) signed an agreement on the protection of personal data, responsible use of digital services and transparency. The agreement is already in force. On the other side, on December 3, the IFT also published, through the Official Gazette of the Federation (DOF in Spanish), a guide to determine relevant markets in the telecommunications and broadcasting sector. The text is already in force. 

Under the agreement signed, both institutions undertake to establish coordination channels to strengthen public policies in this area, share statistical information for the development of new functions, and hold debates and discussions with specialists. Likewise, materials will be designed on the above-mentioned topics for their dissemination so that people from both the private and public sectors can be trained and educated on the subject.

For its parte, the guide indicates that the position taken by the Plenary of the IFT to determine the existence of a relevant market will vary depending on the particular conditions of each case. In this sense, it is specified that the type of approach will be taken into account, as well as the variable of temporality. In any case, the entity will determine the existence of relevant markets based on the best information and evidence available.

Likewise, the text indicates that the determination of a relevant market is carried out through a substitution analysis, with the purpose of identifying the products and the geographical areas where they are offered and that may establish competitive restrictions for the economic agents when supplying the relevant products. Thus, the substitution analysis process selects a group of products offered in a particular area, which is increased to include all close substitutes of the product.