The plenary of the Supreme Court of Justice of the Nation (SCJN) dismissed the constitutional dispute filed by the Federal Economic Competition Commission (Coffee) against the decree of reforms to the Electricity Industry Lawpromoted by President Andrés Manuel López Obrador.
The Court determined that the amendments to said law do not invade the sphere of competence of the Coffee.
It should be noted that this body considered that part of the content of the reforms to the Electricity Industry Law they are contrary to articles 25, 27 and 28 of the Constitution, which order a competition regime in the electricity generation and supply markets, affecting its sphere of competence by preventing it from guaranteeing competition and free competition in this sector.
Minister Mario Pardo Rebolledo argued that “the Coffee goes to challenge a reform to the Electricity Industry Law that in no way affects its competences, but in the abstract the principle of economic competition, under the argument that it comes to defend the principle of economic competition in the activities of generation and commercialization of energy electricity, would denature the object of the present means of constitutional control.”
The plenary dismissed the constitutional controversy, determining that said precepts do not produce a principle of affectation or tort in the sphere of competence of said autonomous constitutional body and, therefore, lacks legitimate interest to promote.
kg