PRESS RELEASE
13 August 2024

PCC shares best practices in merger control at 19th EATOP, 16th EAC in Malaysia

The Philippine Competition Commission (PCC) shared its best practices in merger control at the 19th East Asia Top Level Officials’ Meeting on Competition Policy (EATOP) and the 16th East Asia Conference on Competition Law and Policy (EAC) held in Kuala Lumpur, Malaysia on July 23-24, 2024.

PCC Chairperson Michael G. Aguinaldo joined the EATOP panel session on Best Practices in Merger Control and the EAC panel session on Merger Controls, where he talked about the Philippines’ compulsory merger control regime, which is based on thresholds for the size of a party and the size of a transaction.

Aguinaldo identified common challenges in merger control reviews, including incomplete submissions, non-compliance with information requests and subpoenas, market definition issues, difficulties in meeting review deadlines, determining appropriate remedies, and effective advocacy.

To address these challenges, the PCC emphasized the importance of learning from its experience and that of other jurisdictions. Best practices include pre-notification consultations, letters of non-coverage, expedited merger reviews, and motu proprio reviews.

“We must always look back to improve our processes, and while we shouldn’t blindly copy others, we can learn from their approaches to emerging issues like AI and digital markets,” Aguinaldo said.

The PCC is updating its merger control framework, which include raising merger thresholds for compulsory notification, exploring sector-specific thresholds, and creating guidelines for motu proprio reviews in digital markets, non-horizontal mergers, and merger remedies. Additionally, the PCC is strengthening collaboration with other government agencies to enhance its enforcement capabilities.

In closing, Aguinaldo emphasized the importance of regional cooperation in merger control. Harmonizing regulations across countries can streamline the review process, strengthen enforcement, and ultimately, lower trade barriers. By sharing these insights, the PCC aims to contribute to stronger merger control systems in the region and foster a competitive business landscape.

The PCC delegation, which included Head Executive Assistant Nina Remedios Mejia, also visited the Malaysia Competition Commission (MyCC) office.

The PCC is mandated by the Philippine Competition Act (PCA) to review mergers and acquisitions. This ensures that business deals do not result in a substantial lessening of competition in the relevant markets and harm consumer welfare.

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REFERENCE:
publicaffairs@phcc.gov.ph
PCC Public Affairs and Research Division

LINK: https://www.phcc.gov.ph/press-releases/pcc-shares-best-practices-on-merger-control-at-19th-eatop-16th-eac-in-malaysia/