1E9Ct5D

eferred, the LFCE establishes practices judged according to the rule of reason. 8 As theirnature indicates, such practices are not bad in themselves; that determination depends246C H A P T E R X I V__________8“Article 10. Subject to verification of Articles 11, 12, and. 13 of this law, relative monopolistic practicesare deemed to be those acts, contracts, agreements, procedures, or combinations, the aim or effect of whichis to improperly displace other agents from the market, substantially hinder their access thereto, or toestablish exclusive advantages in favor of one or several entities or individuals, in the following cases: (i)some of the economic agents that do not compete among themselves are: to set, impose, or establish theexclusive commercialization or distribution of goods and services, by means of the subject, geographicallocation, or specific periods of time, including the division, distribution, or assignment of customers andsuppliers; and also the obligation not to manufacture or distribute goods or services for a specific periodof time or that may be specified; (ii) to set the prices or other conditions that a distributor or supplier mustabide by when engaging in commercial activity or marketing or distributing goods or providing services;(iii) the conditioned sale or transaction when buying, acquiring, marketing, or providing other goods oradditional services, normally different or that can be differentiated, or on the basis of reciprocity; (iv) thesale, purchase, or transaction subject to the condition of not using, acquiring, selling, engaging in commercialactivity, or providing goods or services produced, processed, distributed, or sold by a third party;(v) the unilateral action based on refusing to sell, commercialize, provide to specific individuals goods orservices available and normally offered to third parties; (vi) the agreement reached among several economicagents or the invitation extended to them to exert pressure on customers or suppliers, in order todiscourage them from specific behaviors, to apply retaliations, or force them to act in a specific manner;or (vii) the systematic sale of goods or services at prices below their total average cost or their occasionalsale below the variable average cost, when there are elements to presume that these losses will be recoveredthrough future price increases, in terms of this law’s regulation; (viii) the granting of discounts orincentives by producers or suppliers to the buyers with the requirement of not using, acquiring, selling,commercializing, or providing the goods or services produced, processed, distributed, or commercializedby a third party, or the purchase or transaction subject to the requirement of not selling, commercializing,or providing to a third party the goods or services object of the sale or transaction; (ix) the use of the earningsthat an economic agent obtains from the sale, commercialization, or rendering of a service or good tofinance the losses arising from the sale, commercialization, or rendering of another good or service; (x) theestablishment of different prices or conditions for the sale or purchase to different purchasers or sellers situatedin equivalent conditions, and (xi) the action of one or more economic agents the purpose or effectof which, directly or indirectly, is to increase the costs or obstruct the productive process or reduce thedemand of their competitors.To determine whether or not the practices to which this article refers shall be sanctioned in the termsof this law, the Commission will analyze the gains in efficiency resulting from the conduct demonstratedby the economic agents and that favorably affect the competitive process and access to the free market.These gains in efficiency may include the following: the introduction of new products; the use of irregularmerchandise or defective or perishable products; cost reductions resulting from new techniques andproduction methods, integration of assets, increases in the scale of production, and the production of differentgoods and services with the same factors of production, the introduction of technological advancesthat produce new or improved goods or services; the combination of production assets or investments andtheir recovery that improve quality or broaden the attributes of the goods or services; improvements inquality, investments, and their recuperation, opportunity, and service that have a favorable impact on thechain of distribution, that do not cause a significant price increase, or a significant reduction in consumeroptions, or an important inhibition on the level of innovation in the relevant market; and any other gainsin efficiency that show that the net contributions to the well-being of the consumer derived from suchpractices surpass their anticompetitive effects.”