Thumbs up for Phl Competition law

Brussels – It’s the first day of our four-day Journalists’ Programme sponsored by the European Union (EU) head office based here in the capital city of Belgium. We are among the six Filipino journalists invited by the EU Philippines headed by Ambassador Franz Jessen.

This is the first time EU Philippines came up with this program in what can be construed as part of its efforts to promote better understanding of the powerful bloc of nations in this part of the world. In fact, Ambassador Jessen hosted a reception for its “partner” organizations in and out of the government in the Philippines, aptly dubbed as “Ties that bring us together.”

“It was a night of friendship and partnership between the European Union and the Philippines,” the EU office cited in the reception held at the New World Hotel in Makati City last Nov. 28. This was two years after Jessen’s immediate predecessor, former EU Philippines Ambassador Guy Ledoux, first launched in February 2015 a media campaign to increase awareness and understanding of the EU and its relation with the Philippines.

“How many Filipinos would guess that the European Union is the largest investor in the Philippines, that the European Union is the fourth largest trading partner of the Philippines or that the EU is the second largest source of remittances from Filipino OFWs?” Those were the questions raised by Ledoux when he formally kicked off EU’s media campaign now apparently being re-launched by his successor.

The latest activity being undertaken by EU Philippines came after a series of rantings by President Rodrigo Duterte against them. It was triggered by public acts and statements from certain European Parliamentarians who came to the Philippines recently in support of detained opposition Senator Leila de Lima. Some of them were allowed while others were denied to visit De Lima at her detention cell in Camp Crame in Quezon City.

The Senator remains in detention while undergoing trial for alleged involvement in illegal drugs trade, among other alleged criminal offenses she committed while still the Justice Secretary of the previous administration. The senator has been detained since February 24, following the warrant of arrest issued by Muntinlupa Regional Trial Court Branch 204.

After visiting her last July, four members of the European Parliament’s subcommittee on human rights urged President Duterte to let De Lima do her duties, including her attending Senate sessions. EU Parliamentarians Enrique Guerrero Salom, Norbert Hans Neuser, Paolo Alberti, however, were not as lucky when they were prevented last Nov. 11 from visiting De Lima. They denounced the continued incarceration of De Lima as a “political prisoner of conscience.”

This only served to enrage President Duterte all the more, seething against what he calls as “interference” in the internal affairs of the Philippine government ruling a sovereign nation.

The EU Philippines later clarified they have nothing to do with the independent statements from the EU Parliamentarians. But President Duterte was not mollified, finding the disclaimer of the EU Philippines came belatedly. Still smarting from the bitter criticisms of the EU Parliamentarians, President Duterte declared not to accept anymore “tied” aids or loans from the EU, or from any country for that matter, especially those imposing pre-conditions that impinge upon the country’s independent foreign policy.

What foreign policy advisers of President Rodrigo might failed to tell him is “the ties that bring together” the Philippine Senate with the EU Parliament are deeply rooted to the longstanding relations they have with the Europe-based Inter-Parliamentary Union (IPU). Former Senate majority leader and now Foreign Affairs Secretary Alan Peter Cayetano should know a lot about this and could very well explain them to the former Davao City Mayor now President of the Philippines.

The EU is a political and economic union of 28 countries in Europe. These are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Ireland, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Spain, Slovakia, Slovenia, Sweden and the United Kingdom (UK). It was formed after World War II to establish, among other goals, peace and prosperity in Europe.

The Union reached its current size of 28 member countries with the accession of Croatia in July 2013 as latest member. But very soon, it will lose UK. In June 2016, UK voted to leave the EU and is now popularly known as ‘Brexit’ (short for ‘Britain’ and ‘exit’). Under Article 50 of the Treaty on European Union any member state may decide to withdraw from the EU. The member state must notify the European Council of its intention. The EU is currently negotiating an agreement with UK to set out orderly arrangements for its withdrawal and taking into account the framework for its future relationship with the EU.

President Duterte designated last month former Senate president Edgardo Angara as his special envoy to the EU. He is the father of administration ally Sen. Sonny Angara who successfully shepherded the Senate approval of the proposed Tax Reform for Acceleration and Inclusion (TRAIN) law last week. The final version of the new tax law is closely being watched by local and foreign business and investors.  Meanwhile, the elder Angara will need to do a lot of mending fences to refresh Philippines-EU relations.

When we arrived here yesterday, the EU just released the results of its first Competitiveness Council on internal market and industry review among its trading partners. And it was an opportune time for us Filipino journalists to get a copy of this EU Competitiveness report where our two-year old Philippine Competitive Commission (PCC) was given rousing marks.

According to the EU Competitiveness report, the law that created the PCC is a game changer” as far as the Philippines is concerned.

As it turned out, the EU Philippines is among the groups of foreign investors and stakeholders which Congress consulted about their experience and best practices in the crafting of Republic Act (RA) 10667. It became the first Anti-Trust Law in the Philippines that has become the bible, so to speak, against unfair competition and “ensuring businesses compete and consumers benefit.” The EU remains one of the “development partners” of the PCC’s capacity-building and advocacy.

The same EU Competitiveness report noted important “milestones” from the time the competition bill was first filed in the 8th Congress in the Philippines until RA 10667 was finally approved by the 16th Congress. It was signed into law in July 2015 by former President Benigno “PNoy” Aquino III. The PCC was formally constituted in February 2016 and PNoy appointed his former Economic Planning Secretary Arsenio Balisacan as chairman of the five-man commission.

Subsequently, the PCC issued its implementing rules and regulations in June last year. The two-year transitory period ended on Aug. 8 this year to signal the PCC’s full enforcement of RA 10667. Now that the PCC is “fully operational,” it’s a thumbs up go for the anti-trust body to go after nefarious, insidious activities of criminals in business suits.