ECONOMIC INTEREST GROUP.

In a previous content, we explained about the particularities of the corporate veil as an instrument generated in the mercantile custom, however, did you know that the figure known as the Economic Interest Group has certain similarities from the point of view of Economic Competition Law?

In this regard, the Federal Economic Competition Act aims to promote, protect and guarantee free competition and economic competition, as well as to investigate, prevent and punish monopolies, monopolistic practices and barriers to free competition in the market for goods and services.

While it is true that there is no express term defining the concept of an economic interest group, the Federal Economic Competition Act if it contains provisions relating to it, since in principle it establishes that they are subject to the provisions of this law, all economic operators, whether natural or legal persons, whether for profit or not, public administration entities at any of its three levels, business associations or chambers involved in economic activity, being a participation that invariably leads to competition and competition in the production, distribution and marketing of goods and services.

In this context, it is possible to speak of an inter-economic group where there is a combination of these economic agents (companies generally) which have similar commercial and financial interests, and which, at some point, to coordinate or combine their activities and operations to achieve their own ends.

However, the fact that there is an economic or financial relationship between various agents or undertakings does not necessarily imply the existence of an economic interest group, where it is possible for undertakings to carry out their activities independently and with full control of their own operation, however, whether it would be possible to analyse in detail WHETHER AN UNDERTAKING COORDINATES DIRECTLY OR INDIRECTLY, THE ACTIVITIES OF THE GROUP FOR ITS COMMERCIAL OPERATION.

In order to avoid the existence of these economic interest groups acting in coordination, the Federal Commission for Economic Competition has among its powers the possibility of initiating and proceeding from proceedings for the investigation of monopolistic practices, be able to establish the economic and commercial influence of an undertaking on the other undertakings forming the economic group under investigation.

It is then in this situation that one can consider the real possibility of justifying a removal of the corporate veil that allows to know the origin and purpose of companies that appear to be part of an economic interest group, and to this end, it will be possible to make an absolute separation between the legal person and each of the partners, a separation of their respective assets and a detailed analysis of their activities and operational and commercial strategies.

While it is true that the foregoing is part of an investigation phase in which only evidence is sought to establish the existence of acts or practices prohibited by the Federal Economic Competition Act, It is also true that the outcome of this investigation gives rise to the determination of facts and conduct constituting a sanction.

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