ASUR Fined $72M for Cancún Airport Taxi Monopoly by SCJN

Cancún, Quintana Roo — The Supreme Court of Justice of the Nation (SCJN) has denied an injunction to Cancún International Airport, operated by Southeast Airports (ASUR), upholding a fine of 72.54 million pesos imposed by the Federal Economic Competition Commission (Cofece) in 2019 for relative monopolistic practices.

Background of the Fine

The sanction stemmed from a 2016 complaint alleging that the airport denied access to new taxi concessionaires, preventing their operations at the terminal from 2010 to 2018. Cofece found that the airport issued negative opinions to block applicants from obtaining permits from the Ministry of Communications and Transportation (SCT) and, in some cases, refused to sign access and leasing contracts without justification.

These actions, classified as “refusal to deal,” constitute a relative monopolistic practice by hindering market competition and leading to inflated prices. Cofece estimated the market damage at approximately 98 million pesos, with an average price surge of 8% across millions of trips.

Legal Challenge and SCJN Ruling

ASUR contested Cofece’s resolution, arguing the unconstitutionality of certain articles of the Federal Economic Competition Law. However, the SCJN’s First Chamber, under Justice Margarita Ríos Farjat’s lead, unanimously ruled the challenged articles constitutional and referred the case to a federal tribunal for final resolution.

This decision sets a precedent in regulating monopolistic practices in strategic sectors like airport transportation. Cofece emphasized the need to eliminate barriers to competition to ensure better consumer conditions and a more efficient market.

Broader Implications

Quintana Roo Governor Mara Lezama has promoted alternative transport options for airport visitors, such as services by ADO, to diversify mobility solutions and reduce reliance on traditional taxi services.

The case remains under review by a federal tribunal, which will decide whether to confirm, modify, or revoke Cofece’s fine. Meanwhile, Cancún International Airport must adjust its practices to comply with competition regulations and ensure equitable access for authorized transport concessionaires.