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Supreme Court Orders District Court to Admit Cofece’s 1.9 Billion-Peso Collective Action

It sets the precedent for Mexico’s incoming antitrust agency to pursue collective reparations on behalf of affected consumers.

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Overview

  • The Supreme Court’s Second Chamber ruled on July 2 that a specialized district court must formally register Cofece’s collective action lawsuit seeking 1.9 billion pesos in damages.
  • Justices affirmed that the 2021 administrative sanctions and 903.4 million-peso fines imposed on Casa Marzam, Casa Saba and Fármacos Nacionales are final despite pending amparo proceedings.
  • Cofece’s October 2024 claim earmarks the 1.9 billion pesos for IMSS-Bienestar to compensate public-health beneficiaries for inflated drug costs and reduced availability.
  • Investigators found that major distributors colluded from 2006 to 2016 by restricting medicine supply, fixing prices and limiting discounts, causing over 2.4 billion pesos in sector-wide harm.
  • The ruling paves the way for the new Comisión Nacional Antimonopolio to employ collective action remedies to defend consumer welfare.