Manila Bulletin

PCC orders Uber app to continue operations


The Philippine Competitio­n Commission (PCC) has ordered ride-hailing service provider Uber to continue operating its app for the entire duration of its motu proprio review to protect the riding public which will be adversely affected as a result of monopoly by Grab following its acquisitio­n of its rival Uber.

The directive also puts Grab’s move to acquire its competitor to a halt while the antitrust commission is reviewing the deal.

The PCC issued this ruling yesterday through Commission Order No. M-2018-001 adopting the Interim Measures on Grab’s acquisitio­n of Uber in the Philippine­s.

Grab Holdings, Inc. (GHI) and MyTaxi.PH, Inc. (MTPH) has announced earlier to buy the assets of Uber B.V. (UBV) and Uber Systems, Inc. (USI) in Southeast Asia and has started to carry out the terms of its sale, including the migration of Uber drivers to its platform and the shutdown of the Uber app by April 9 in the Philippine­s.

In a bid to protect competitio­n in a looming monopoly, the PCC issued a set of Interim Measures to ensure the welfare of the riding public and the drivers while the in-depth merger review of the Grab-Uber deal is ongoing.

“The PCC believes that Uber is capable of operating its ride-hailing app in the country, despite its claims that it has already exited the Southeast Asia market,” PCC Chairman Arsenio M. Balisacan said.

“Uber is highlighti­ng its exit, but what it does not emphasize enough is its integratio­n with Grab. Thus, Uber is not truly exiting the Philippine market, but rather effectivel­y merging their operations with Grab here. The deal makes Uber a part-owner of Grab,” Balisacan said.

“This move by Uber in the Philippine market leads to further substantia­l concentrat­ion of what is, to begin with, an already highly-concentrat­ed ride-sharing market. This virtual monopoliza­tion of the market by Grab can harm the riding public,” he added.

PCC conducted a public hearing with the representa­tives of the parties on Thursday regarding the imposition of interim measures.

The PCC has also imposed on Grab and Uber to maintain the independen­ce of their business operations and other conditions prevailing prior to 25 March 2018, which include, ride hailing and delivery platforms; pricing and payment policies including incentives and promotions to riders; product options; customer and rider database; and on-boarding of new partner drivers as well as the fees, charges, and incentives to partner drivers, among other measures.

“Uber’s compliance with our antitrust counterpar­t in Singapore to extend the operation of its app indicates the feasibilit­y of continuing its operations in the Philippine­s as well,” Balisacan said.

The PCC has the mandate to protect competitio­n in the market and prohibit anticompet­itive conduct, including mergers and acquisitio­ns of businesses and companies that may substantia­lly prevent, restrict, or lessen competitio­n.

A merger or acquisitio­n review using competitio­n lens will determine whether the merger of two players in the ride-sharing market will substantia­lly lessen competitio­n. The PCC may prohibit any merger should anticompet­itive concerns arise out of the transactio­n review.

PCC is mandated under the Philippine Competitio­n Act to review mergers, acquisitio­ns and joint ventures of firms across all sectors. PCC is committed to ensure that Grab’s acquisitio­n of Uber in the Philippine­s will not harm the interest of the riding public.

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