1. PCC Rules on Merger Proceedure

The Commission en banc approved the merger procedure rules under Commission Resolution No. 26-2017, which was issued on November 9, 2017. The Rules on Merger Procedure of the Philippine Competition Commission (PCC) has been published in a newspaper of general circulation on 23 November 2017. The Rules on Merger Procedure shall be used to guide PCC and its stakeholders on M&A notification process, phase 1 and phase 2 review, remedies, adjudication, confidentiality, as well as fines and penalties.

2. Merger Review Guidelines (with Flowchart)

The Mergers and Acquisitions Office (MAO) of the Philippine Competition Commission (PCC) is responsible for the review and investigation of mergers and acquisitions that could substantially prevent, restrict, lessen competition in the relevant market or in the market for goods or services. The flowchart below serves as a guide on the timeline of each step in the Merger Notification and Review Process based on the Implementing Rules and Regulations of the Philippine Competition Act. For details, contact the Mergers and Acquisitions Office through landline +632 635 6214 or through e-mail at mergers@phcc.gov.ph.

3. Guideline on Notification of JVs

The Mergers and Acquisitions Office (MAO) of the Philippine Competition Commission (PCC) implements the Guidelines on Notification of Joint Ventures in order to offer clarification and explanation with regard to (i) joint ventures; and (ii) the application of the thresholds under the Implementing Rules and Regulations to joint ventures.

Joint ventures and other similar kinds of collaborative agreements are used to conduct business projects to generate economic benefits through pooling of assets, skills and resources. The benefits include streamlined processes, eliminated redundancies and cost savings to market players.

PCC recognizes that joint ventures can result in business efficiencies but is also mindful that such agreements may pose competition concerns when they may result in a substantial lessening of competition (SLC) in the relevant market.

The Commission will consider each joint venture with due regard to the attendant circumstances, including the information available and the time constraints, and will apply these guidelines flexibly, or where appropriate, deviate therefrom.

4. Claims of Confidentiality

5. Memorandum Circulars

MC 17-002 Revised Rules on Payment of Fees for Notification and Review of M&As

6. Clarificatory Notes

CN 17-001 Compulsory Notification in Voting Securities Acquisition

CN 16-002 Coverage of Compulsory Notification

CN 17-001 Definitive Agreement and Binding Preliminary Agreements in M&As