Guidelines for the Motu Proprio Review of Mergers and Acquisitions in Digital Markets

The Philippine Competition Commission (“PCC”) reviews mergers and acquisitions having a direct, substantial and reasonably foreseeable effect on trade, industry, or commerce in the Philippines. The PCC’s power to conduct a review of mergers and acquisitions may be exercised motu proprio or upon notification by transacting parties.  Pursuant to its market surveillance function, the PCC may investigate and subject to a motu proprio review mergers and acquisitions that the PCC has reasonable grounds to believe is likely to substantially prevent, restrict or lessen competition in the market.  

The PCC published the Guidelines for the Motu Proprio Review of Mergers and Acquisitions in Digital Markets (“Guidelines”) to guide companies on potential competition issues arising from mergers or acquisitions in the digital markets. These Guidelines are intended to give greater transparency on the PCC’s understanding of the PCA as applied to transactions occurring in digital markets. Moreover, the Guidelines are intended to facilitate discussions and consultations between the PCC and entities operating in digital markets with a view to arriving at a preliminarily assessment of the likely effects of a merger or acquisition to competition in the affected market. 

For details, you may contact the Mergers and Acquisitions Office through landline +632 635 6214 or through e-mail at mergers@phcc.gov.ph.  

Download (Guidelines-for-the-Motu-Proprio-Review-of-Mergers-and-Acquisitions-in-Digital-Markets.pdf)