Philippines merger control
Produced in partnership with Ocampo & Suralvo Law Offices

The following Competition practice note produced in partnership with Ocampo & Suralvo Law Offices provides comprehensive and up to date legal information covering:

  • Philippines merger control
  • 1. Have there been any recent developments regarding the Philippines merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in the Philippines?
  • 2. Under the Philippines merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the PCC?
  • More...

Philippines merger control

A conversation with Cristina Suralvo , partner at Philippines law firm Ocampo & Suralvo Law Offices, on key issues on merger control in the Philippines.

NOTE–to see whether notification thresholds in the Philippines and throughout the world are met, see Where to Notify.

Note–temporary changes to deadlines due to coronavirus pandemic–see MJ merger control–competition authorities and coronavirus (COVID-19) status

1. Have there been any recent developments regarding the Philippines merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in the Philippines?

Important recent developments include

  1. revisions to the notification thresholds

  2. introduction of the expedited merger review rules

  3. clarification on compulsory notification in land acquisition

  4. process for exemption from compulsory notification for solicited and unsolicited Public-Private Partnership projects under the Build-Operate-Transfer Law, and

  5. process for exemption from compulsory notification for joint venture projects undertaken by Government agencies with private sector entities pursuant to the framework of the National Economic and Development Authority (NEDA) JV Guidelines.

In its annual 2019 report, published on 1 July 2020, the Philippine Competition Commission (PCC) confirmed that it would be increasing the level of administrative fines in August 2020.

Most recently, in September 2020, the President ratified the Bayanihan to Recover As One Act, which is designed as an economic stimulus following the coronavirus (COVID-19) pandemic. Under this, for two

Related documents:

Popular documents