Philippine Competition Commission Creating a Culture of Competition

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Presentation transcript:

Philippine Competition Commission Creating a Culture of Competition C/AMB Presentation for PRRD Briefing 4/18/2018 Philippine Competition Commission Creating a Culture of Competition 7th ASEAN Competition Conference 2017 - ASEAN@50 Managing Change in a Competitive ASEAN 8-9 March 2017 Selangor, Malaysia Gwen Grecia-de Vera Executive Director  

RA 10667 or the Philippine Competition Act (PCA) C/AMB Presentation for PRRD Briefing 4/18/2018 RA 10667 or the Philippine Competition Act (PCA) Enacted in July 2015 as the primary competition law in the country Prohibits: 1. Anti-competitive agreements Cartels Price fixing Bid-rigging Output limitations 3. Abuses of dominant position Predatory pricing Limiting access of competitors to production inputs Discriminatory behavior 2. Anti-competitive mergers and acquisitions

C/AMB Presentation for PRRD Briefing 4/18/2018 PCC Functions and Mandate Review Mergers and Acquisitions Crack down on cartels Investigate antitrust cases Break up monopolies Conduct market studies Penalize and fine erring corporations Issue expert advisories on competition law and policy Monitors and analyzes the practice of competition in markets Our mandated functions include, among others: The review of large mergers and acquisitions Investigation and rendering of decisions on antitrust cases Conduct market studies and competition-related research Issuance of expert advisories on competition law and policy Advocating pro-competition culture in policy and business Monitoring the environment for competition-relevant interventions As the country’s very first antitrust body, we endeavor to crackdown on cartels, break up monopolies, penalize and fine companies when found guilty of price-fixing, bid-rigging, abusing their dominant authority and violating the country’s antitrust law.

C/AMB Presentation for PRRD Briefing 4/18/2018 Enforcement Updates PCC Year 1: Accomplishments 80 M&A notifications received 8 referrals for possible anti-competitive conduct in the telco, cement, power, rice, shipping, trucking, and insurance (2) industries Zero backlog on merger review Ongoing legal case against Globe and PLDT on P70-billion acquisition in the telecom sector At this point, I would like to share with you PCC’s accomplishments so far.   For Mergers and Acquisitions, we currently have 80 notifications received worth about P1.7 trillion as of the second week of January 2017 and we have maintained a zero- backlog on merger reviews. (Actual Total M&A Figure: P1,694,879,962,708.81) In Competition Enforcement, we have 8 referrals for possible anti-competitive conduct in the telco, cement, energy, rice, trucking, shipping and insurance (2) industries. We have also issued 4 procedural guidelines in relation to enforcement and review of mergers. We are optimistic that 2017 will be a banner year for the Commission as linkages with other government agencies and key regulatory bodies are strengthened. We look forward to the cooperation of our stakeholders—the business community, lawyers, the consumers and you, our friends in media—in helping us reach our strategic vision of creating a business environment that promotes market competitio

C/AMB Presentation for PRRD Briefing 4/18/2018 Enforcement Updates PCC: Innovating in the Regulatory Landscape Building the organization From 20 in August 2016 to 200 by end of 2017 Staff recruitment, training and capacity-building Resource allocation and tapping technical assistance and external expertise

C/AMB Presentation for PRRD Briefing 4/18/2018 Enforcement Updates PCC: Innovating in the Regulatory Landscape Establishing relationships with relevant sector regulators (Energy and Power, Telecommunications, Banking and Finance) towards appropriate allocation of responsibilities Establishing relationships with competition authorities in the region and throughout the world Developing a collaborative programs for development partners

C/AMB Presentation for PRRD Briefing 4/18/2018 Enforcement Updates PCC: Innovating in the Regulatory Landscape Inadequate case references or jurisprudence Building on the previous antitrust regime across disparate enactments Incorporating relevant information from foreign jurisdictions

C/AMB Presentation for PRRD Briefing 4/18/2018 Enforcement Updates PCC: Innovating in the Regulatory Landscape Maintaining independence and establishing integrity as the Philippines competition authority Promote fair and transparent process across operational concerns

C/AMB Presentation for PRRD Briefing 4/18/2018 Enforcement Updates PCC: Innovating in the Regulatory Landscape Creating and nurturing a culture of competition National Competition Policy Inclusion of competition chapter in the Philippine Development Plan Awareness-building and advocacy activities for various stakeholders

C/AMB Presentation for PRRD Briefing 4/18/2018 Thank you. Thank you.