Suspension Of PCC's Motu Proprio Merger Review Powers Ends

On September 15, 2021, the one-year-long suspension of the Philippine Competition Commission's (PCC) power to review mergers and acquisitions motu proprio under Republic Act No. 11494 (the Bayanihan to Recover as One Act, or the Bayanihan 2) ends.

This means that starting September 16, 2021, the PCC may again review mergers and acquisitions motu proprio. This includes mergers and acquisitions that were entered into before September 16, 2021, and those that will be entered into thereafter, even if those transactions do not meet the Php50 Billion threshold for compulsory notification provided under Bayanihan 2, which remains in effect until September 15, 2022.

Parties to mergers and acquisitions that were executed during the one-year suspension of the PCC's motu proprio merger review powers – particularly those transactions that may have a significant impact on competition – should carefully monitor developments on the PCC front and assess the risk of the PCC opening