PCC Case No. M-2018-002 (MAO Case No. M-39-2017) Full Case Report
PCC Case No. M-2018-002 (MAO Case No. M-39-2017) Full Case Report
PCC Case No. M-2018-002 (MAO Case No. M-39-2017) Full Case Report
M-39-2017)
Facts:
Issue: WON the transaction is likely to prevent, lessen or restrict competition in the relevant
market.
Held:
1. Merger refers to the joining of two (2) or more entities into an existing entity or to form a new
entity. Section 4 of PCA provides that Acquisition refers to the purchase of securities or assets,
through contract or other means, for the purpose of obtaining control by:
(1) One (1) entity of the whole or part of another;
(2) Two (2) or more entities over another; or
(3) One (1) or more entities over one (1) or more entities;
The transaction qualifies as a merger under the law.
2. Control refers to the ability to substantially influence or direct the actions or decisions of an
entity, whether by contract, agency or otherwise. Udenna will have the power, post-transaction,
to direct the operating policies of 2GO Group.
3. The significant increase in market concentration will result post-transaction. There will be
merger monopoly. The removal of the competitive constraint that the respondent exercise
against each other would lead to substantial lessening of competition in the relevant markets.
4. Competitive constraint from new entrants or from the expansion of existing market
participants is unlikely.