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On July 29th, 2021, the Energy Regulatory Commission (“CRE”) published Regulation No.A/024/2021 in the Federal Official Gazette establishing the regulation for maximum prices of liquefied petroleum gas (“LP Gas”) for sale to end users (the “Regulation”), compliant with the Emergency Guidelines for the welfare of consumers of LP Gas, issued by the Ministry of Energy (“SENER”) on July 28th, 2021 (the “Guidelines”).
The Regulation sets out the following amendments:
Pursuant to the request made by the Federal Economic Competition Commission (“COFECE“) to CRE, this Regulation is contrary to the mechanism established to regulate LPG prices in the Hydrocarbons Statute. Although COFECE made public the start of an investigation to determine whether or not effective competition conditions exist in this market, to date COFECE has not issued a declaration of absence of competition conditions, which constitutes a required and prior condition for price regulation by CRE.
The Regulation entered into force on the day of its publication in the Federal Official Gazette. Therefore, deadlines for filing indirect constitutional relief claims (amparos) and constitutional controversies began to run on July 30th, 2021.
At González Calvillo we are prepared to provide any advice required in connection with the contents of the Regulation. We remain at your disposal for any questions or clarification regarding the scope of this document.
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For over 30 years, Gonzalez Calvillo has been at the forefront of the legal market in Mexico as a full-service leading law firm due to its transactional core and expertise in a wide range of practice areas. The firm is recognized for its ability to build cross-disciplinary teams for the most complex legal challenges and long track record of successfully providing groundbreaking business and regulatory advice to high profile domestic and international companies. Often described as a pioneer of the Mexican legal services industry, the firm is known for its commitment to do things differently, bespoke solutions, and creating transformational legal changes that enable clients achieving their objectives.
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