Many renewable energy investors have challenged the National Energy Control Centre (CENACE) act before the constitutional courts through various amparo actions. Moreover, the Federal Economic Competition Commission has held that the CENACE act affects competition in the electricity industry by indirectly denying solar and wind power plants the possibility of beginning operations and favouring the dispatch of energy from conventional power plants.
The Federal Economic Competition Commission (COFECE) recently issued a press release informing that 11 companies and 14 individuals had established a non-aggression pact in order to distribute items from seven tenders previously called by the Mexican Institute of Social Security and the Institute of Security and Social Services of State Workers. The applicable fine was the highest that COFECE has imposed in the past 10 years for cases relating to public procurement in the health sector.
Senator Ricardo Monreal of the National Regeneration Party recently presented a reform initiative to amend Articles 27 and 28 of the Constitution to join (and extinguish) three state organs which he believes share certain powers and competencies – namely, the Federal Economic Competition Commission, the Federal Telecommunications Institute and the Energy Regulatory Commission. The resulting organ would be the National Institute of Markets and Competition for Welfare.
In November 2019 the Federal Economic Competition Commission (COFECE) and the Federal Telecommunications Institute asked the First Collegiate Court Specialised in Economic Competition, Broadcasting and Telecommunications to determine which authority has jurisdiction to review the merger of Uber and Cornershop. After a long procedure and delays owing to the COVID-19 pandemic, the specialised court recently ruled in favour of COFECE.
Extraordinary measures are being taken by companies and governmental authorities to avoid aggravating the current situation and adapt quickly to the new operational and regulatory challenges arising from the COVID-19 pandemic. Nonetheless, economic competition law is still in force. This article discusses a series of considerations that companies should keep in mind to prevent potential competition risks relating to their behaviour or practices during the pandemic.