Mexico: COFECE heads to Supreme Court to stop direct contracting

Mexico’s Federal Commission of Economic Competition (COFECE) will go before the Supreme Court of Justice (SCJN) to stop the Law of Public Works of the State of Tabasco, which allows for the direct awarding of contracts for a new refinery promoted by president-elect Andrés Manuel López Obrador.

“In order for the regulations of the states to be procompetitive and in accordance with the 28th article of the Constitution, we are requesting the Senate and the Congress to grant us the power to present unconstitutionality actions and not to do so through the federal Executive,” Alejandra Palacios, COFECE’s presing commissioner, pointed out.

As of September 27, 2018, the government of Tabasco may directly award the construction contracts for the Dos Bocas refinery and the Mayan Train, after the local Congress approved the corresponding laws with 27 votes in favor, six against and one abstention.

Palacios added that it is incongruous that, being the COFECE an autonomous body, in order to review an article that must be protected it must be requested through the federal Executive. “(The Executive) can tell us it does not interest them and then not take it to Court,” Palacios said.