The Supreme Court on Monday dismissed an appeal filed by the Federal Competition Commission (Cofece) to stop the reform of the Electricity Industry Law (LIE), sent by the executive and approved by Congress at the beginning of last year.
Cofece presented a constitutional controversy in April of last year, just a few days after the reform to the secondary law was approved in Congress. Cofece's main argument was based on the fact that the executive exceeded his powers by sending an initiative that, in his words, affected the agency's sphere of competence "by preventing it from guaranteeing competition and free concurrence in this sector," according to a press release. last April.
One of the main points of the LIE reform is based on a change in the order in which electricity is used, to prioritize power plants owned by the state-owned CFE. Cofece's appeal pointed out that this subsection annulled the ability of private companies in the generation market to compete and said that the reform to the LIE also violated the rule of open access to distribution and transmission networks.
But most ministers have considered that the antitrust regulator does not have the power to challenge the changes to the secondary law. And in a brief discussion, which barely lasted an hour, he has dismissed the appeal.
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