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Mexico – Tension Between Proposed Amendment of Electricity Industry Law and Supreme Court’s Rejection of SENER’s Reliability Policy

By Ariel Ramos, Vera De Brito de Gyarfas, Aldo A. Jáuregui, Claudia Ramos & Julio M. Martinez Rivas on February 5, 2021
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The electricity industry in Mexico is under stress. The President of Mexico has proposed amendments to the Electricity Industry Law that could result in the undoing of the energy reform that permitted private investment in the power market. In parallel, the Mexican Supreme Court issued a decision rejecting a number of provisions of the Ministry of Energy’s controversial Reliability Policy, which was challenged by the Mexican antitrust agency COFECE. Up until now, the Mexican judicial system has upheld the legality of the energy reform and pushed back against the government’s attempts to strengthen the Electricity Federal Commission (CFE) to the detriment of foreign investors. However, the President’s proposed amendment of the Electricity Industry Law evidences that the government will persist.

The Legal Updates at the links below describe the proposed amendments and the Supreme Court Decision.

Mexico’s President Proposes Amendments to Electricity Industry Law

Mexican Supreme Court Invalidates Sections of Ministry of Energy’s Controversial Reliability Policy

La Suprema Corte de México invalida diversas secciones de la controversial Política de Confiabilidad de SENER

Photo of Vera De Brito de Gyarfas Vera De Brito de Gyarfas

Vera de Gyarfas is a partner in Mayer Brown’s Houston office and a member of the Oil & Gas industry group. She focuses her practice on transactions involving energy projects in Latin America and Africa. Vera represents companies engaged in all kinds of…

Vera de Gyarfas is a partner in Mayer Brown’s Houston office and a member of the Oil & Gas industry group. She focuses her practice on transactions involving energy projects in Latin America and Africa. Vera represents companies engaged in all kinds of energy projects, handling negotiations of host government agreements as well as commercial agreements among companies in English, Spanish and Portuguese.

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  • Posted in:
    Energy and Utilities
  • Blog:
    Energy Forward
  • Organization:
    Mayer Brown

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