THE Court of Appeals (CA) has given the Energy Regulatory Commission (ERC) the go signal to hear and resolve anti competitive behavior and other unfair trade and practices against power distributor Manila Electric Co. (Meralco) and the subsidiaries of power firm Aboitiz Power Corp. in connection with the shutdown of the Malampaya gas facility,
which affected the country’s power supply in 2013.
In a 25-page decision penned by Associate Justice Apolinario Bruselas Jr., the CA’s Special Twelfth Division junked the petition filed by Meralco and Aboitiz subsidiaries Therma Mobile Inc. (TMO) and AP Renewables Inc. seeking the dismissal of the complaint filed by ERC’s investigating unit on the ground of lack of jurisdiction.
The appellate court did not give weight to the petitioners’ argument the Philippine Competition Commission has jurisdiction over the complaint.
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