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.
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.