PCC appeals for SC to allow review of P69-B SMC-Globe-PLDT deal

Antitrust watchdog Philippine Competition Commission has filed an appeal before the Supreme Court to be abel to continue reviewing the P69-billion buyout of the telco assets of San Miguel Corp.

“We filed it yesterday. Yesterday was the last day for us to file an appeal on the decision of the Court of Appeals. So, together with the Office of the Solicitor General (OSG), we filed it yesterday afternoon,” Commissioner Johannes Bernabe told reporters in a briefing in Makati City.

The CA affirmed on October 18 the legality of the P69.1-bilion co-acquisition deal involving PLDT Inc. and Globe Telecom Inc. and covering the telecommunications business of SMC.

"We disagreed, obviously, with the findings of the CA. So our recourse was, instead of filing a motion of reconsideration with the same court, our option was to file an appeal with the SC itself," Bernabe said.

"Normally, you're given 15 days. But also the rules allow you to ask for an extension of time to file. Since there were a lot of issues which needed to be addressed in the Court of Appeals decision, the OSG asked for an extension of time and yesterday was the last day," he said.

Should the court favor the PCC this time around, it will be able to continue reviewing the deal which the CA 12th Division stopped last year.

Globe Telecom Inc. declined to comment on this latest development. Its general counsel Froilan Castelo said they have yet to see the appeal.

In a separate statement, PLDT said, "Our leaders will study the petition." It did not elaborate.

On Sunday, Presidential Communications Secretary Martin Andanar said China Telecom Corporation Limited has been chosen by the Chinese government to enter the Philippine telecommunications industry as the third player.

Philippine Telegraph & Telephone Corp. hopes to seal a partnership deal with the Chinese company.

Bernabe noted developments involving PT&T and China Telecoms was purely coincidental.

“‘Yung China telco is an independent separate development. We knew when we had to file a month and a half ago,” he said.

So far, PT&T and China Telecom have not filed a notice before the antitrust commission. The PCC is mandated by law to review business transactions valued at P1 billion and above. — VDS, GMA News