The Federal Competition Commission (CFC) was created as the institution in charge of promoting and fostering economic competition in Mexico. Since its creation, it has had a Plenum made up of a group of Commissioners, responsible for deciding on matters regarding economic competition.
The history of the Plenum of the Commission dates to the founding of the Commission in 1992, with the issuance of the Federal Economic Competition Law (LFCE), which entered into force the following year.
In its early years, the Commission was formed by five Commissioners, who were appointed by the President of Mexico. Its main function was to monitor markets to sanction monopolistic practices, illicit concentrations and to promote competition and free market access. Their appointments were staggered for an orderly renewal of the Plenum. At that time, the balance of the Plenum was made up of three economists and two lawyers.
The Commissioners have had the responsibility to enforce the LFCE and making important decisions in cases of economic concentrations, monopolistic practices, abuse of dominant position in the market and other anticompetitive conducts.
It should be noted that, in 2013, an important constitutional reform was carried out, which transformed the CFC into the Federal Economic Competition Commission (Cofece) and created the Federal Telecommunications Institute (IFT), the latter is the competent authority in economic competition in the broadcasting and telecommunications sectors.
With this constitutional reform, the number of Commissioners was increased to seven and the powers of the institutions in charge of enforcing the LFCE were strengthened.
The Commissioners of the Cofece and the IFT are selected through a public and transparent process, in which the experience and capacity of the candidates are evaluated. The purpose of this selection is to guarantee the independence and technical profile of the Commissioners, so that they can make impartial decisions based on technical criteria.
The Commissioners have a limited term of office, which seeks to ensure the renewal and diversity of ideas in each of the institutions. In addition, they are prohibited from exercising activities related to the sectors they regulate for a certain period after the end of their mandate and cannot be re-elected.
As a result of the constitutional reform, the composition of the Cofece’s Plenum was balanced, going from a single lawyer Commissioner to a current composition of four economists and three lawyers. The balance of the IFT´s Plenum has been achieved between economists, engineers, and lawyers.
Historically, the presidency of Cofece was headed by economists. Since the constitutional reform, three women have headed Cofece. In 2020 on an interim basis and in 2023 on a definitive basis by female lawyers. The Presidency of the IFT has been led by lawyers and currently by an engineer, on an interim basis.
The Commissioners have played a fundamental role in the promotion of economic competition in Mexico. Their decisions and actions have contributed to promote efficiency and consumer welfare, as well as to prevent and sanction anticompetitive practices that affect the efficient functioning of markets.
Image credit: © COFECE / Source: https://www.cofece.mx/wp-content/uploads/2023/06/logo30anos3D_Mesa-de-trabajo-1.png
