Whose power is it anyway? Determining the jurisdiction of the Philippine competition commission and the energy regulatory commission over competition issues in the electric power industry and its effect on the culture in the generation sector

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ID: 286457
2018
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Abstract
The passage of the much-anticipated Philippine Competition Act brings the promise of economic efficiency and a healthy market environment that will pave the way to a highly developed economy. The private sector applauds the effort of the National Legislature to finally unify the sectoral antitrust regulations into a one comprehensive compilation of specific rules and regulations that will govern all the industries in the country. The fusion of all antitrust regulations provides a structured economic and legal review of activities that unduly restrain trade such as price discrimination, monopoly, abuse of market power and illegal mergers and acquisitions. Philippine Competition Commission (PCC), an administrative body that possesses quasi-judicial powers, has been created by the law to guarantee that the interests of the public are protected from unfair trade practices that produce a substantial disparity in the distribution of income, wealth and commercial prospects. However, despite the promise of effectivity of enforcement, the Competition Act faces a challenge in dealing with vested sector regulations when it comes to the intersecting powers and functions over competition matters. This grapple of power is best concretized by the jurisdictional overlap between the Philippine Competition Commission and the Energy Regulatory Commission (ERC), a sector regulator in the energy industry. The issue of lack of delineation of powers between the two administrative bodies lies at the heart of this study. This study has examined and determined the powers and functions of the two agencies to be able to illustrate that there is an overlap of powers and how having two regulatory commissions lead to confusion to the industry players when it comes to reportorial requirement. It is found that indeed there is an overlap, especially when it comes to the scope of application, and that the industry behaviour is shaped by the laws, their social obligation to the public and their established practices. To be able to clearly define their powers and functions, a Memorandum of Agreement shall be executed, outlining that PCC’s role is merely to review mergers and acquisitions while ERC is to continue to rule on technical and economic matters, while being conferred some competition law enforcement for efficient disposition of cases. In relation to such, industry players are highly encouraged to create cooperation and consultation framework with the two bodies so that there will a comprehensive review in the disposition of their cases.
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Authors Rañeses, Raziele R.
Journal Malay Journal
Year 2018
DOI
DOI not found
URL
https://animorepository.dlsu.edu.ph/etd_masteral/7281
Keywords Keywords not found

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