Due to lack of commissioners, Cofece suspends resolution on card payment system

The Federal Commission for Economic Competition (Cofece) suspended activities to determine whether or not there are conditions of competition in the card payment system, as it is “incomplete” due to the lack of appointments of Commissioners – not appointed by the Executive, which limits their powers.

The Federal Law of Economic Competition provides that the powers to resolve competition barriers may be exercised only by the Plenary Assembly with the affirmative vote of at least five of the seven commissioners involved.

The antitrust agency specified that the plenary session only works with four of the seven members instituted by the Constitution because the chief executive did not send their appointments to Congress.

“The Commission calls on the Head of the Federal Executive and the Senate of the Republic to appoint those who will accept the vacancies of Commissioners, so that Cofece is able to address these and other relevant matters to the benefit of of the efficiency of the markets and, above all, for the well-being of consumers ”, he said.

The suspension of the procedure analyzing the card payment systems adds to two others decided by the plenary last November when it was made impossible, due to the lack of appointment of commissioners, to continue easing the legal procedure for issuing of the Guidelines for the use of electronic means during the investigation, the aftermath of the procedure, the verification and the incidents processed before Cofece and the Guidelines for the issuance of opinions or decisions in the granting of licenses, concessions, permits and the like more, by e-mail to the Commission.

The role of Cofece is to ensure competition and free consent, therefore its work is essential to achieve better conditions for consumers, that more quality services are offered and that there is “an equal playing field” for companies.

However, limit the powers of the Cofece goes against consumers to have lower costs, more options and quality services.

In accordance with Article 28 of the Political Constitution of the United Mexican States, “it is the responsibility of the Chief of the Executive to propose to the Senate of the Republic the people who will hold the vacant posts of the Volenary of the Cofece ”, which must choose from the three lists that the Evaluation Committee, compiled from the Bank of Mexico and the National Institute of Statistics and Geography, sent to him in November 2020, as well as in March and November 2021”.

The applicants for the positions are experts in economic competition who have passed a technical knowledge examination and passed a rigorous evaluation process.

Given the omission of the Chief Executive, the Cofece presented in December 2021 a constitutional controversy to enforce the Constitution, as concluding with the selection of Commissioners is a necessary condition for exercising all its powers.



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