FEDERAL COMPETITION COMMISSION

Mexico

Following Article 23 of the Federal Law of Economic Competition, the Federal Competition Commission (FCC) is a technically and operationally autonomous administrative entity of the Ministry Economy. This means, according to the Mexican administrative law, that the entity has decision power and is exclusively qualified to deal with competition matters and has responsibility "for the prevention, investigation and contesting of monopolies, monopolistic practices and concentrations".

I. STATUTES

The Internal Regulations of the FCC define its internal structure and the responsibilities attached to the different areas:

The Plenum

The President

Executive Secretary

The Operational General Directorates:

a) Legal affairs;

b) Economic studies;

c) Mergers;

d) Investigations;

e) Privatization and bidding process, and

f) Regional coordination.

General Directorates for Coordination and Administrative Support:

a) International Affairs;
b) Economic Norms;
c) Control and Follow-up;
d) Administration, and
e) Information Media.

FEDERAL COMPETITION COMMISSION

ORGANIZATIONAL STRUCTURE

II. DIVISION OF RESPONSIBILITIES BETWEEN DEPARTMENTS.

The Plenum

The Commission's decision-making authority is the Plenum, which consists of five Commissioners, including the Commissioner President, who are appointed for ten-year terms by the President of the Republic. The Plenum's decisions are taken by majority vote. Its attributes include the resolution of competition cases, the imposition of administrative penalties for the infringement of the law and its regulations, to issue opinions about laws and regulations regarding competition matters and to give solution to issues presented by the Commission's President. In addition it is entitled to resolve reconsideration appeals brought before the Commission and to approve coordination mechanisms with other public or private entities aimed at enforcing the law, as well as to approve organization and procedures manuals for the Commission.

The President

The President is the Commission's legal representative empowered to propose the Commission's policy before the Plenum, and to look after its enforcement. The Internal regulations vest him with the following functions: to assign the issues to be undertaken by the Commissioners; to issue opinions with respect to laws and regulations concerning competition matters and to the competition implications brought about by adjustments in the federal public administration policy. He is entitled to participate with competent authorities in the negotiations undertaken to celebrate international treaties and of delivering communication guidelines. In this respect, he orders the publication of the resolutions and articles to be included in the Commission's annual report according to the confidentiality regulation that he is empowered to issue. He is also in charge of submitting to the Ministry of Economy the Commission's budget proposal.

Executive Secretary

The Executive Secretary, appointed by the President of the Commission, is responsible for the operational and administrative coordination of the Commission and assists the latter in assigning and consolidating the legal files for each case, for recourses or other issues brought before the Commission. In these tasks he is supported by six general directors, which he coordinates. In order to accomplish his assignments he is vested with responsibilities to decide which cases are admitted or rejected, according to the fulfillment of procedural requirements, to give response to consultations presented before the Commission, to notify resolutions reached by the Plenum and to arrange their implementation, to issue orders regarding requests of information and to summon those agents involved in the cases under review.

The General Directorates

The General Directorates agree with the Executive Secretary the resolution of matters they are responsible for and formulate the opinions and reports required by the President, the Executive Secretary, or the Commissioners. They are also in charge of implementing cooperation mechanisms established with other entities of the Federal Public Administration and of proposing foundations they judge necessary to collaborate with other public or private entities in order to fulfill their respective assignments.

1. Legal Affairs
   This Directorate is responsible for the analysis of laws, rulings and other general observances, provisions, initiatives in competition matters and for giving legal advice to the different areas of the Commission requiring it. It also supervises relief of judicial proceedings, proposes interpretation criteria to be used in the enforcement of legal dispositions and gives opinion regarding pronouncements issued by other General Directorates. It is entitled to be the Commission's representative in judicial and administrative proceedings, to issue orders to request information and documents previously agreed with the Executive Secretary and to summon agents involved in the cases as well as to survey both the application of admonition measures provided for in the Law and due implementation of resolutions, notifying where this does not occur. In addition, it receives and suggests solutions for appeals for reconsideration.
   
2. Economic Studies
   This Directorate is in charge of performing the technical and economic analyses and studies of markets according to policies approved by the Plenum and those required for the resolution of cases brought before the Commission. It studies laws and provisions presently in force, as well as authority acts, in order to determine their impact on competition, and elaborates proposals for the Commission's competition policy. In addition, it examines the behavior of agents belonging to regulated sectors with respect to competition and analyzes foreign competition laws, policies and markets for the purposes requested by either the President, the Executive Secretary or any Commissioner.
   
3. Mergers
   The Mergers Directorate studies and formulates opinions on merger cases brought before the Commission. It suggests to the Executive Secretary conditions to be imposed on mergers and supervises their compliance. Following an agreement with the Executive Secretary, it is further entitled to issue requirements for additional information in complex merger cases and to study and formulate proposals regarding laws and provisions currently in force related to mergers, in coordination with the corresponding General Directorates.
   
4. Investigations
   This Directorate is in charge of coordinating ex-officio investigations and those following a demand brought before the Commission and also gives support to other areas when required to do so. Following an agreement with the Executive Secretary it issues information requirement orders, summons those agents involved in the cases under investigation and issues opinions on them. In order to perform the investigations it accrues proofs and coordinates actions with other public or private, national or foreign institutions, and requests information as may be required by the investigations pursued.
   
5. Privatization and Bidding Process
   This Directorate is in charge of studying and proposing the incorporation of measures to promote and protect competition in the mechanisms for awarding concessions and permits, as well as in procedures relative to the divestiture of public entities and assets; to study and advise on notifications on concessions and permits presented to the Commission by applicants or bidders, in accordance with the applicable legal provisions; to propose, if applicable, the conditions according to which those operations should be approved, It also studies the conditions of free competition in the markets corresponding to regulated economic sectors.

III. INQUIRY POINT

The inquiry point is the Documentation Office located at the FCC building: Monte Libano 225, Lomas de Chapultepec, Mexico City , C.P. 11000.

IV. NUMBER OF EMPLOYEES

The number of employees at the FCC amounts to 165, 60 belonging to secretarial assistance services and 105 to the staff, including senior officials.

V. BRANCH OFFICES AND OTHER AFFILIATED ORGANIZATIONS

The Federal Competition Commission does not have branch offices or affiliated organizations. However, the Internal Regulations forsee that regional offices may be created in addition to the structure presented here according to the needs arising from the enforcement of the Commission's functions.