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Globe dares PCC to be transparent

Globe dares PCC to be transparent

Globe Telecom has asked the Philippine Competition Commission (PCC) to be transparent to the public by stating their transitory rules prevailing when Globe, PLDT and San Miguel filed their notice last May 30.

It is quite surprising that PCC has consistently evaded the issue that this transaction falls under Section 4 of PCC Memorandum Circular 16-02 that a mere filing of the notice to the PCC will render the transaction as “deemed approved”.

Such notice filed by Globe, PLDT and San Miguel was in full compliance and contained the requirements of Section 2 of the said MC: a) parties to the merger or acquisition; b) the name and contact details of the authorized representatives of the parties; c) brief description of the businesses of the parties to the transaction; d) the type if transaction; e) the consideration; f) the key terms of the transaction; and g) the timing for the execution or implementation of the transaction.

Read Also: Globe scores PCC for inconsistency of applying rules

The notice filed last May 30 by the parties contained all the information required by Section 2 of MC 16-02.

Even more, Globe has provided the PCC with more information and documents in succeeding filings ad cautelam by Globe last June 9 and 15. Globe graciously gave these additional documents for their reference and information though no longer required by their own rules. Globe even sought a dialogue with the PCC to answer and clear any issue the PCC may have.

Until now, Globe is puzzled why PCC claims the notice and filings are insufficient. Globe has bent backwards more than it can to accommodate PCC and comply its requests for more information. PCC perhaps might be looking for a non existent document.

The PCC could have gained more enlightenment by simply coordinating with the NTC on the historical treatment of this transaction and the assignment and allocation of spectrum.

Read Also: Globe now blocks 100,000 per day spam/scam messages from other networks

Globe states its disappointment that the PCC is not evaluating this transaction according to its own rules. The company considers this approach whimsical and refuses to subject itself to processes that the PCC has seemingly conjured up for this transaction without proper prior disclosure. This is in violation of the equal protection and due process clause of the Constitution, which is bad for business.

Worse, the PCC is employing mob rule when it calls for a public forum on a purely adjudicatory matter involving the private rights of the parties to the transaction. This is against the law and repugnant to procedural and substantive due process.

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Written by Proudly Filipino

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