Aeromexico reported that the determination of the Second Chamber of the Supreme Court will obey with which it supported a penalty for 88 million pesos that the Cofece imposed on the airline in 2019.
The company presented in a statement that does not coincide with the criteria or the methodology used by the competence regulator to establish the fine for having colluded to manipulate prices of plane tickets on various routes.
“Aeromexico does not coincide with the criteria or methodology of the COFECE to reach these conclusions on alleged market practices of almost two decades ago. However, Aeromexico is respectful of the rule of law and will comply with the resolutions of the judicial authorities, ”he said.
Earlier this Thursday, the Federal Economic Competition Commission (Cofece) announced that the Second Chamber of the Court had confirmed the validity of the investigation powers that the regulator has, which ended more than five years of litigation with aeromexico.
The Cofece explained that during that time the airline promoted resources and challenges against the fine established for having colluded to manipulate the prices of its plane tickets on various routes, affecting more than 3 million passengers.
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The Commission pointed out that as in other cases, much of the evidence that supported the case against Aeromexico was obtained through surprise verification visits, one of the main research tools it has.
“These verification visits allow to reach the offices of the offending companies and collect the key physical and electronic evidence for research that, otherwise, can be destroyed,” he said in a statement.
He added that Aeromexico challenged the sanction in arguing that the emails between airline managers that were found were “private communications”, and that therefore they could not be used as evidence.
“However, yesterday the second room of the SCJN validated the constitutionality of Cofece’s actions,” said the competition authority.
In April 2019, Cofece sanctioned Aeromexico and Mexican, as well as three natural persons for an agreement that happened between 2008 and 2010, to set, raise, arrange or manipulate the base prices of air transport services of passengers.
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The Cofece identified at least 112 routes involved, including León-Tijuana, Mexico-Tijuana, Puebla-Monterrey and Mexico-Cancún City.
When he imposed the sanctions, the commission estimated market damage for 2 thousand 8 million 689 thousand pesos.
The Cofece determined to fine Mexican with the applicable minimum because the company had been formally declared bankrupt.
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