SM acquisition of Goldilocks OKd

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SM Retail has received approval from the Philippines antitrust body to acquire the Goldilocks Bakeshop chain.
This follows the two parties submitting commitments to address potential competition issues in the deal, says the Philippine Competition Commission (PCC).
SM Retail is a subsidiary of SM Investment (SMIC), which through another subsidiary, SM Prime Holdings (SMPHI), runs nearly 70 SM Malls in the Philippines. On the other hand, Goldilocks has a network of more than 500 stores, some of them in SM Malls.
Potential concerns included the possibility that retail space in SM Malls might be limited for Goldilocks’ competitors. There were also concerns SM Retail might gain access to sales information from competitors and share it with Goldilocks.
PCC chairman Arsenio Balisacan says mall owners should not be allowed to discriminate when it comes to tenants and lease applicants, “especially those that compete with stores owned by the mall itself”.
After the acquisition, Goldilocks will become a subsidiary of SM Retail.
In its voluntary commitment, which the PCC approved in December, SMPHI undertook to give Goldilocks’ competitors “a fair share in their lease at all times”.
SMPHI also committed to data protection: not to allow Goldilocks access to competing tenants’ information, including sales data captured by the POS system of SMPHI tenants.
“The commission appreciates SM’s move to make these voluntary undertakings – proof that PCC and the business community can work together to promote a culture of competition,” says Balisacan.
The SM Group is also legally bound to comply with its commitment and submit reports to the PCC. The parties will be monitored periodically by a team of PCC experts over a five-year period. This will include random inspections, says the commission.
SM Group negotiations to acquire a controlling stake in Goldilocks Bakeshop were revealed in August.i
Questions & Answers
Q.What potential issues did the Philippine Competition Commission identify regarding the acquisition?
What potential issues did the Philippine Competition Commission identify regarding the acquisition?
Concerns included the possibility of limiting retail space for Goldilocks’ competitors in SM Malls. There were also worries SM Retail might access and share sales data from rival tenants with Goldilocks, impacting fair competition.
Q.How will SM Prime Holdings ensure fair treatment for Goldilocks' competitors in its malls?
How will SM Prime Holdings ensure fair treatment for Goldilocks' competitors in its malls?
SMPHI committed to granting Goldilocks’ competitors a fair share in their lease at all times. This voluntary undertaking aims to prevent discrimination against other bakeshops operating within SM Malls.
Q.What measures are in place to prevent SM from misusing competitors' sales data?
What measures are in place to prevent SM from misusing competitors' sales data?
SMPHI pledged not to allow Goldilocks access to information from competing tenants, including sales data captured by the POS systems. This commitment is legally binding and will be monitored by the PCC.
Q.For how long will the Philippine Competition Commission monitor SM Group's compliance with its commitments?
For how long will the Philippine Competition Commission monitor SM Group's compliance with its commitments?
The PCC will monitor the SM Group periodically for a five-year period. This oversight includes random inspections by a team of PCC experts to ensure adherence to the agreed undertakings.
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