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Pemex Industrial Transformation to Contest Before the Judicial Branch the Fine Issued by Cofece, As it Is Illegal and Disproportionate

  • Pemex Transformación Industrial (Pemex Industrial Transformation, acronym in Spanish: TRI) has complied with its commitments to the Comisión Federal de Competencia Económica (Federal Commission of Economic Competition, acronym in Spanish: Cofece).
  • In 2016, Pemex TRI amended 7 hydrocarbon marketing contracts and corrected unequitable practices. Pemex TRI acquired various obligations with the Cofece. Among these, the obligation to submit an annual report issued by an external auditor, who will verify that the company’s clients are receiving an equitable treatment regarding marketing and distribution of Pemex oil products.
  • This report must be submitted annually in the first quarter of the year for a period of 5 years.
  • On October 11, 2016 Pemex TRI’s obligations were ratified. The period covered by the report spanned October 2016 to October 2017, and the obligation of submittal expired in March 2018, which was done in due time and form.

As of today, the Commission of Economic Competition (acronym in Spanish, Cofece) published the fine imposed on Pemex TRI for over 418 million pesos, for allegedly having failed to comply with one of the obligations acquired in October 2016, to restore competition in marketing and distributing 7 oil products.

Pemex Transformación Industrial wishes to state the following in this regard:

  1. Pemex TRI has complied with all the obligations it acquired with the Cofece to prevent any inappropriate practices in the first-hand competition and sales of  oil products currently under investigation.
  2. Pemex TRI has worked with the Cofece from the start to correct such practices. Since Pemex TRI assumed the obligations assumed with the Cofece, the company has corrected all the practices that were observed.
  3. Among the obligations that were acquired, Pemex TRI assumed the obligation to submit an annual report for five years, issued by an external auditor who will accredit that marketers of the oil products under investigation are receiving equal treatment. This report must be submitted during the first quarter of each year.
  4. Pemex TRI ratified the obligations it assumed on October 11, 2016, and therefore, the obligation to prepare the annual report issued by the external auditors expired on October 11, 2017. From this period onwards, the report was to be issued during the first quarter of 2018. The external auditor’s report was submitted on March 23, 2018.
  5. However, the Cofece stated that the annual auditing report for the first year was submitted out of time. It claims the report should have been filed during the first quarter of 2017, that is, four months after signing the commitment, which contradicts the nature of the annual report established by the Commission and article 114 of the Federal Law of Economic Competition.
  6. Pemex TRI will file proceedings before the Judicial Branch to contest this measure, as the fine is in itself illegal and disproportionate.
  7. Notwithstanding the above, Pemex TRI will continue to promote competition through actions that will further transparency and clarity in its relationships with its clients.

Las menciones de Pemex pueden referirse a Petróleos Mexicanos o a cualquiera de sus Empresas Productivas Subsidiarias.

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