The Court of Appeals has paved the way for the Energy Regulatory Commission to resolve the anti-competition cases filed against power distributor Manila Electric Co. and two subsidiaries of Aboitiz Power Corp. over the shutdown of the Malampaya gas facility in 2013.
In a six-page resolution, the CA’s Former Special 12th Division affirmed with finality its decision in May last year that dismissed the petitions of Meralco and Aboitiz subsidiaries Therma Mobile Inc. and AP Renewables Inc. seeking the dismissal of the complaints for anti-competitive behavior and other unfair trade practices filed before the ERC.
The appellate court denied the power firms’ motions for reconsideration for lack of merit, saying the petitioners failed to raise new arguments to convince the court to reverse its ruling.
“The motions must be denied. The above arguments have already been addressed in the decision sought to be reconsidered. They are mere rehash of those propounded in their respective pleadings filed before the Court,” stated the ruling penned by Associate Justice Apolinario Bruselas Jr.
With the ruling, the ERC can now proceed with the resolution of the complaints against the three power firms and decide whether to dismiss or file them in court.
The appellate court stood firm in its ruling that ERC has jurisdiction to resolve the cases, which petitioners argued should fall within the jurisdiction of the Philippine Competition Commission.
The CA said the cases against Meralco, TMO and APRI cannot be covered by PCC because they were filed months before the body was created through the Philippine Competition Act.
While it agreed with the petitioners that PCA repealed the authority of ERC to monitor and penalize anti-competitive behaviors of firms under the Electric Power Industry Reform Act and transferred such authority to the PCC, the appellate court ruled that such law has no retroactive effect.
Source: http://www.manilastandard.net/news/national/289739/erc-to-resolve-cases-vs-aboitiz-meralco-ca.html