Our experience challenging the decisions of both the Federal Economic Competition Commission (COFECE) and the Federal Institute of Telecommunications (IFT), has provided us a thorough knowledge of the applicable law and the decisional practice of the specialized courts. We have steadily presented cases before these courts ever since they were created; therefore, we are well acquainted on the evolution of their precedents.
The energy legislation took as inspiration the rules to challenge resolutions from COFECE and IFT, making them applicable to both the Mexican Energy Regulatory Commission (CRE) and the Mexican National Hydrocarbon Commission (CNH). The former, extended the range of application of our robust practice.
SAI advices and represents companies and individuals:
• By initiating and conducting amparo proceedings against decisions issued by COFECE, IFT, CRE or CNH that affect the interests of its clients.
• By initiating and conducting amparo proceedings against general rules (laws, regulations, etc.) to obtain a declaration of their invalidity. Sometimes, the viability of the companies depends on effectively resolving the problem caused by an irregular regulation.
• When they have been benefited by a decision of the regulatory authority that has been challenged by a third party, by directly intervening in amparo proceedings to defend the constitutionality of the authority’s act. We understand that urgently obtaining certainty and juridical stability in these types of cases can be decisive for their business plans.
• In the rest of the cases where our clients request us administrative challenges through the means of administrative or judicial appeals deemed appropriate.
The members of our litigation team:
• Ever since the specialized courts were created, have participated in many of the cases where judicial criteria —currently applied in the matters of economic competition/antitrust, telecommunications and broadcasting— was generated.
• Led the defense team —representing interested third parties— in the amparo proceedings that for the first time in history confirmed declaratory resolutions of dominance in the sector of telecommunications.
• Are well acquainted with the jurisprudential evolution in the matters of economic competition, given their experience both in the former Federal Competition Commission (FCC) and in COFECE.