1E9Ct5D

) That the concentration could be an attempt to improperly displace other economicagents or prevent their access to the relevant market;c) That it “substantially” facilitates the ability of the participants in the concentrationto carry out monopolistic practices.254C H A P T E R X I VThe CFC, having in mind the elements mentioned and in the event one of them may be applicableto the concentration in question, must then determine the relevant market and subsequentlyidentify the economic agents making up such market, although that identification mayonly be of “the principal economic agents that as a group supply the relevant market.” Havingdone the above, the relevant power of the agent resulting from the concentration in such marketwill be defined. In this latter regard, it is important to first evaluate the gains in efficiencythat the concentration can provide, the effects on the relevant market, as well as whether itaffects or benefits other markets, and “the shareholdings of the economic agents involved inthe transaction in other economic agents that participate directly or indirectly in the relevantmarket or in related markets.” Now, if the CFC comes to the conclusion that there are elementsthat suggest that the concentration could affect competition and the free market, it can:a) Prohibit it;b) Subject it to the conditions the Commission establishes;c) Order the divestment of what has been concentrated.With respect to subsection b), above, there are three types of conditions to which theCFC can subject the notified concentration.a) “Engage in or abstain from certain conduct”;b) Transfer to certain third parties “assets, rights, partnership interests or stock”;c) Eliminate or change conditions or terms of acts carried out for purposes of the concentration.However, the limits on the CFC in the imposition of such conditions are that “they aredirectly linked to the correction of the effects of the concentration.”Finally, there are two types of concentrations that do not need to be notified:a) Legal acts regarding shares or ownership interests of foreign companies, when theeconomic agents involved in such acts do not accumulate in Mexican territoryshares, ownership interests, interest in trusts or assets in general, additional tothose that, directly or indirectly, they hold before the transaction;b) Another premise that releases the economic agent from giving prior notice andonly obligates it to give notice five days after the transaction has been carried out,is the following: that the “economic agent has held in ownership and possession,directly or indirectly, at least during the last three years, 98 percent of the sharesor ownership interests of the economic agent(s) involved in the transaction.”