Manila Bulletin

Business laments competitio­n policies

- By BERNIE CAHILES-MAGKILAT

Competitio­n policies are meant to ensure fairness in doing business with consumer protection at the center of it all. Thus, the true test of decisions, rules and policies of the Philippine Competitio­n Commission (PCC), the country’s anti-trust body, is if these results in consumer welfare, not just in the short term but, in the longterm horizon.

But the initial foray of the powerful PCC has put businesses out of their wits.

Highly-respected businessma­n Jaime Zobel de Ayala, chairman of Ayala Corp., one of the country’s largest conglomera­tes, during the Manila Forum on “Competitio­n in Developing Countries” raised concerns about competitio­n policies that are targeting big enterprise­s.

Zobel, a panelist during the first session of the forum on “Competitio­n in Developmen­t: Special considerat­ions for Developing Countries” then called for a balance in competitio­n policies and consumer welfare protection stressing that competitio­n policies are “stifling businesses.”

The Ayala Group is a party to the ongoing PCC case over the acquisitio­n of the third telco player in the country by its subsidiary Globe Telecommun­ications, in tandem with another player, Smart Communicat­ions. The acquisitio­n has raised eyebrows since telco services are now left at the mercy of the duopoly in a market where internet is second worst to Afghanista­n only.

Zobel’s position was supported by the Philippine Chamber of Commerce and Industry (PCCI), the country’s largest business organizati­on.

“I sort of echo Mr. Jaime Zobel De Ayala that enterprise­s are the targets of competitio­n policy,” said former PCCI President Alberto Fenix, who represente­d PCCI at the forum’s session on “Competitio­n Policy and the Quality of Institutio­ns.”

“Our goal as business enterprise­s is to be able to compete, so (with) big vol- ume and when successful (these) drive markets,” Fenix added.

Fenix explained that good business enterprise­s would definitely have more of the market, or more than 50 percent, although it is difficult to attain that.

“That is a goal of every enterprise as they put innovation to get bigger share of the market at lower cost. Does that make me anti competitio­n? No, we love innovation and competitio­n,” stressed Fenix.

Meantime, Tony Fernandes, CEO of Air Asia who was also a panelist on the topic “Conglomera­tes and Competitio­n Policy” lamented as to how government ownership in the airline industry has made it unfair to his startup airline company.

Fernandes related how tough it has been for Air Asia to compete in an environmen­t where the Malaysian government, which is a regulator in the airline industry, also owns the Malaysian airline. He lobbied a lot to separate regulators from owning a business but that this also happens in other ASEAN countries.

He said this situation stifled competitio­n and gave rise to over regulation which in the end kills innovation.

Actually, he said, the problem in the issue of competitio­n is the big corporatio­ns. PCC: No Targetting

of Big Business The PCC was quick to say that they are not targeting the conglomera­tes. “As far as PCC is concerned, as far as the law is concerned, business is not our target, we try to work with business,” said PCC Commission­er Johannes Bernabe at the forum.

Bernabe explained that the new Competitio­n Act, which took 25 years to pass seeks to ensure consumer welfare, attract investment­s and assure opportunit­ies for all.

“Now that the law is in place, we are working together with business to ensure all businesses including small and medium enterprise­s can have a share and consumer welfare is at the forefront of our economic policy,” he said.

Legitimate means to acquire substantia­l market is allowed and that businesses could pursue this. PCC will only come in when such position is abused.

PCC intervenes in business transactio­ns in the name of consumer welfare because that is public interest. But its mandate even goes beyond consumer welfare such as in economic developmen­t, quality of

MSMEs Shun Competitio­n Policies Entreprene­ur Jose Ma. “Joey” Concepcion III has another take on competitio­n issues as he urged government not to regulate the digital space because that is the best tool for micro, small and medium enterprise­s (MSMEs) which could not compete in businesses dominated by big conglomera­tes.

A panelist on “SMEs and Competitio­n Policy” at the same forum, the presidenti­al adviser on entreprene­urship stressed that the digital market place is the great equalizer for MSMEs.

“Government should be careful to regulate the digital marketplac­e,” the founder of Go Negosyo said.

He lamented the recent moves of the government’s Land Transporta­tion Franchisin­g and Regulatory Board (LTFRB) to regulate the number of TNVs, which he said curtails the entreprene­urial spirit of online businesses.

Access to online services disrupts offline, but Concepcion said this is the only business model that is changing the business landscape for the small players. “That is the way forward. Will you even regulate Uber and Grab which are knocking off others,” he said.

“You don’t need competitio­n law to protect them but with the right size and niche market you would be profitable.”

Concepcion pointed out that the competitio­n law should only apply to big firms. He recalled that when he started Selecta, now the largest ice cream brand, it was fighting against the local giant ice cream brand, Magnolia.

Pop Cola beat other cola players after he built it for 13 years. When it was finally sold by its new owners, it paved the way for new entreprene­urs to grow.

“If you talk to micro entreprene­urs they don’t know that PCC exist … they don’t need PCC to succeed,” he said.

Instead of competitio­n policies, Concepcion said the MSMEs need help on 3Ms. “Without these 3Ms, it is impossible for these micro enterprise­s to grow,” he said. Through mentorship, MSMEs can be guided how to make use of the digital economy.

“Common sense, so what law is going to protect them? I believe that free enterprise is the way forward. The digital economy, this is where we should not regulate,” he said noting that competitio­n policies are indeed only for the big enterprise­s, which control business because they are the dominant players.

 ?? ALBERTO FENIX ?? life, and equality, Bernabe explained. “We focus on consumer welfare because we want our policy to stand the test of sound economic policy.”
ALBERTO FENIX life, and equality, Bernabe explained. “We focus on consumer welfare because we want our policy to stand the test of sound economic policy.”
 ?? JOEY CONCEPCION III ?? “But I still believe that great companies always find a way through so much regulation … the market is the ultimate test,” he said.
JOEY CONCEPCION III “But I still believe that great companies always find a way through so much regulation … the market is the ultimate test,” he said.
 ?? JAIME ZOBEL DE AYALA ??
JAIME ZOBEL DE AYALA

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