The Federal Commission of Economic Competition (Cofece), considered that the draft emergency guideline for the welfare of the users of the freight rail transport service, proposed to mitigate the effects of inflation, does not represent a long-term solution for the problems of efficiency and competition, has no legal basis to determine that there are monopolistic practices and does not consider what is established in the railway law and its regulations.
“The generalized regulation without an economic analysis that supports it could motivate the provision of the Public Rail Freight Transport Service (SPTFC) in worse conditions of efficiency, quality and opportunity (for example, generating delays, reduction or refusal of treatment)”, it was argued.
In a comment sent by the general director of Promotion of Competition, María José Contreras de Velasco, to the National Commission for Regulatory Improvement (Conamer) it is also mentioned that it will seek a meeting with representatives of the Secretariat of Infrastructure, Communications and Transportation (SICT). ) to talk about it.
With the intention of reducing the inflationary impact on products of the basic basket for the benefit of the population in general, the agency prepared an emergency guideline for six months in which it instructs the Railway Transport Regulatory Agency (ARTF) to establish maximum rates and thereby avoid excessive charges for users of the rail service.
This situation gave rise to the following consideration of the commission: Contrary to what is established in the Regulatory Law of the Railway Service (LRSF), its regulations and the Federal Law of Economic Competition (LFCE), the guideline proposes that the ARTF issue a methodology that sets the considerations for the interconnection services and the maximum rates in the provision of the SPTFC, without there being any declaration issued by Cofece.
“Furthermore, from what can be deduced from the content, said methodology could be applicable to all SPTFC routes and products”, it was argued.
Despite the fact that the text of the SICT does not detail the market to influence, this Wednesday the Ministry of Finance and Public Credit detailed in point eight of the package against inflation and shortages: No increase in railway rates or interconnection considerations and Applies to transport food, fertilizers and hydrocarbons.
“Correcting problems of lack of efficiency and competition in the SPTFC in a sustained manner depends on each of the authorities involved complying with the due process established in the regulations and avoiding challenges that delay the objective of users accessing the service in better conditions. That is to say, that the agency exercises its powers to determine mandatory rights of way and establish conditions and considerations for them, as well as to determine tariff regulation bases only when there is a declaration of absence of prior competition from Cofece”, it was detailed.