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COMPETITION ACT
Implications on the Electric Power Industry
Philippine Competition Act
Signed 21 July 2015
Philippine Competition Commission
Anti-competitive agreements and abuse of dominant position
Regulates M&A
Stiff administrative sanctions
Injunctive relief
Private action
EPIRA
Signed 8 June 2001
- Price-fixing
- Fixing output
- Market division
- Tying
- Physical or economic withholding
- Discriminatory provision of distribution and
transmission services
- Misrepresentation or false advertising
- Cross-subsidization
EPIRA
Competition Rules and Complaint Procedures
23 August 2006
Rule 4: Anti-competitive agreements (Sec. 14)
Rule 5: Misuse of market power (Sec. 15)
Rule 6: Acquisitions, mergers and consolidatins (Sec. 16)
Rule 8: Clearances (Sec. 37(a), Binding Ruling)
Rule 9: Authorization (Sec. 28, Forbearance)
Bid Collusion
2006
3rd month of WESM, price spiked 75% despite
increasing supply gap
3 generation plants offered same bids during peak hours
(P10,000/MWh) traded by diff teams under PSALM
Bid structures were different before the spike
NPC and PSALM agreed on revenue requirement of
trading teams
ECO concluded that similar bids were not coincidental
Price Manipulation
2013
Electricity price reached P9.107/kWh, 66% higher than
previous year
Sec. 78 EPIRA
- Injunction and restraining order against ERC can only be issued by SC.
PCA and EPIRA
Concurrence
Definition of Control
Sec 45, EPIRA; Rule 4(r), IRR
Control shall mean the power to direct or cause the
direction of the management policies of a person by
contract, agency or otherwise.