AICM Faces First Financial Reparations for Monopoly Practices

The Mexico City International Airport (AICM) has been ordered to compensate the taxi company Servicio de Excelencia for monopolistic practices, marking the first application of legislation allowing financial reparations for such conduct. The ruling stems from a case adjudicated by Judge Juan Gómez before his resignation as magistrate in October 2024.

The dispute originated from an investigation by the Federal Economic Competition Commission (COFECE), which found AICM responsible for discriminatory clauses in agreements and tariffs with taxi operators at the airport terminals. According to Article 134 of Mexico’s Federal Economic Competition Law, parties suffering damages due to monopolistic practices can seek civil compensation in addition to administrative fines.

Servicio de Excelencia argued that it suffered direct harm, citing its inability to expand its fleet or benefit from tariff discounts offered to other operators between 2009 and 2010. AICM contended that the company was not directly affected, claiming the practices impacted other operators during COFECE’s investigation in 2013.

Judge Gómez Fierro ruled in favor of Servicio de Excelencia, citing sufficient evidence of discriminatory practices. The ruling became final after AICM’s legal team failed to submit their appeal within the required timeframe. The appellate court dismissed AICM’s challenge in May 2024, stating the airport’s attorneys missed the deadline, which was between Dec. 11 and 13, 2023, with their submission made on Jan. 4, 2024.

On Dec. 5, 2024, the Specialized Competition Court, now under Judge Jonathan Bass Herrera, initiated a damages liquidation process to quantify the compensation owed to Servicio de Excelencia.