Globe Telecom has asked the Philippine Competition Commission 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.
The notice filed last May 30 by the parties contained all the information required by Section 2 of MC 16-02.
Evenmore, 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.
Globe is puzzled until now why PCC claims the notice and filing are insufficient. Globe has bent backwards more than it can to accomodate PCC and comply its requests for more information. PCC perhaps might be looking for a non existent document. The PCC would have been more enlightened if it just coordinated with the NTC as to how this transaction was treated historically and how spectrum was assigned and allocated.
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As stated, Globe is disappointed that PCC is not considering this transaction in accordance with their own rules. This is whimsical and we cannot be subjected to some processes the PCC just conjured for this transaction, andnot properly disclosed beforehand. This is in violation of the equal protection and due process clause of the Constitution. This 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.