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Issues Paper on the Philippine Digital Commerce Market Ramonette B PCC Issues Paper No. 03, Series of 2020 PAPER ISSUES Issues Paper on the Philippine Digital Commerce Market Ramonette B. Serafica Marie Antoinette L. Rosete Peter Jeff C. Camaro Arjan Paulo S. Salvanera Issues Paper on the Philippine Digital Commerce Market Ramonette B. Serafica, Marie Antoinette L. Rosete, Peter Jeff C. Camaro, and Arjan Paulo S. Salvanera Philippine Institute for Development Studies Published by: Philippine Competition Commission 25/F Vertis North Corporate Center 1 North Avenue, Quezon City 1105 PCC Issues Papers aim to examine the structure, conduct, and performance of select industries to better inform and guide PCC’s advocacy and enforcement initiatives. The opinions, findings, conclusions, and recommendations expressed in these studies are those of the author(s) and do not necessarily reflect the views of the Commission. This work is protected by copyright and should be cited accordingly. The views reflected in this paper shall not in any way restrict or confine the ability of the PCC to carry out its duties and functions, as set out in the Philippine Competition Act. PCC reserves the right, when examining any alleged anti-competitive activity that may come to its attention, to carry out its own market definition exercise and/or competition assessment, in a manner which may deviate or differ from the views expressed in this paper. [email protected] | www.facebook.com/CompetitionPH | www.twitter.com/CompetitionPH | www.phcc.gov.ph TABLE OF CONTENTS Abstract 1 1. Introduction 2 1.1 Objectives of the study 2 1.2 Scope and methodology 2 1.3 Organization of the report 3 2. Background 3 2.1 History and evolution 3 2.2 E-commerce models 4 2.3 Barriers to competition in e-commerce 5 3. Overview of Philippine e-commerce policy environment and readiness 7 3.1 Relevant policy and regulatory frameworks 7 3.2 Official e-commerce figures 14 3.3 Market concentration 15 3.4 Readiness of the Philippines for e-commerce 17 4. The e-commerce landscape in the Philippines 20 4.1 Industry value chains 20 4.2 Digital commerce market best practices 22 4.3 Case study: Online retail 23 4.4 Case study: Online travel and accommodation 29 4.5 Case study: Public Transport 33 4.6 Case study: Financial services 36 5. Competition and regulatory issues for further study 44 5.1 Regulating the last mile 44 5.2 Industry classification and the applicable laws 45 5.3 Restrictive regulations 47 5.4 Dealing with affiliates 49 5.5 Telcos and OTTs 50 6. Appendix A. E-commerce business models in terms of inventory management 58 7. Appendix B. E-commerce sales by subclass 60 LIST OF TABLES Table 1. E-commerce models according to the parties involved 4 Table 2. Section G Wholesale and retail trade; repair of motor vehicles and motorcycles 12 Table 3. Section H Transportation and Storage 13 Table 4. Section K Financial and insurance activities 14 Table 5. Sales from e-commerce transaction 15 Table 6. Sales from e-commerce as a share of total income (%) 15 Table 7. HHI of the Retail Sale via Internet industry (PSIC subclass G47913) 17 Table 8. Financial Ecosystem for Konek2Card App 38 Table 9: Financial Ecosystem for FINTQ (Kasama Ka microsavings and LENDr) 39 Table 10: Financial Ecosystem for Smart’s PayMaya in the Philippines 42 Table 11: Financial Ecosystem for Globe’s GCashKonek2Card App 42 Table 12: Some of the laws/regulations affecting Digital Financial Services 43 LIST OF FIGURES Figure 1. Share of sector in total e-commerce sales (2014) 16 Figure 2 Share of sector in total e-commerce sales (2015) 16 Figure 3. Value Chain / Distribution Channel Model for the Digital Commerce Market 20 Figure 4. Distribution Channel for Online Retail 23 Figure 5. Philippine Online Retail Distribution Channel 26 Figure 6. Distribution Channel for Online Travel and Hotel Accommodation 29 Figure 7. The distribution channel model for online public transport (for motor vehicles) 33 Figure 8. Market size of Online Transport and Food Delivery 34 Figure 9. Total investments into the Ride Hailing sector relative to other digital commerce markets 34 Figure 10. Wide range of financial products and services 36 Figure 11. Fintech is a complex ecosystem 37 Figure 12. E-Banking for the underserved and unbanked market 38 Figure 13. Alternative Finance in the Philippines 39 Figure 14: Illustrative Example for domestic remittance 40 Figure 15. Payments and Remittance companies in the Philippines 41 Figure 16: Buyers/Merchants using the payment system 41 Figure 17. Payment Option for Zalora Philippines 42 Figure 18. Lina Group of Companies 48 Figure 19. Shopinas home page 48 Figure 20. Go Lokal page in Shopinas 49 Figure 21. Stylized Electronic Communications Market and the different business models of OTTs 50 LIST OF BOXES Box 1. E-commerce models according to the products sold 5 Box 2. Current payment options 8 Box 3. National Retail Purchase System (NRPS) 8 Box 4. Etrade readiness of the Philippines 18 Box 5. Examples of how countries have reacted against rate parity 31 Box 6. Examples of how various destination cities came up with regulation in response to room-sharing applications 31 Box 7. Relevant sections from the 11th Foreign Investment Negative List (FINL) 46 Box 8. Case: Lazada 46 Box 9. Excerpt from McKinsey’s ‘Competing in a world with sectors without borders’ 47 Box 10. Other restrictive provisions in the RTL law 47 Box 11. FAQ - Buying in Shopinas 48 Box 12. FAQ - Selling in Shopinas 48 Box 13. Relevant provision in RA 7925 on the VAS 51 Box 14. OTT use of Telco’s customer data 51 Issues Paper on the Philippine Digital Commerce Market Abstract Digital technologies connect various market participants from different jurisdictions and disrupt industries through new products and business models, thus reshaping traditional market boundaries. This paper presents the policy, regulatory, and institutional framework for the development of e-commerce in the country. It also describes the digital commerce landscape in the Philippines. Examples of digital commerce adoption, such as consumer markets, hotel and accommodation, travel, public transport, and financial services, are likewise explored. The key players and possible bottlenecks or constraints to the competition are determined using the distribution channel model. This study also presents and recommends issues for further analysis and action by the PCC. 1 Issues Paper on the Philippine Digital Commerce Market 1. Introduction 5. Provide a summary of the government policies and initiatives concerning the e-commerce The national competition policy chapter of the development in the Philippines; Philippine Development Plan (PDP) 2017-2022 6. Assess competition impact (i.e., benefits and provides that the government commits resources concerns) relating to digital commerce, such as: for the conduct of issues papers in priority sectors a. Anti-competitive practices (e.g., price where substantial impact on consumer welfare and transparency may facilitate conspiracy, market efficiency are expected. With the emergence the likelihood that e-commerce further of digital technologies, e-commerce or electronic establishes dominant position of vertically commerce, which generally refers to the buying and integrated firms and conglomerates, selling of goods or services using electronic systems, customer data as a source of market power) has expanded rapidly over the past few years and is b. Barriers to entry and expansion; and predicted to accelerate further. It has also become c. Other potential competition issues more accessible than ever before, as the use of 7. Propose recommendations to address the smartphones and broad access to fast broadband problems identified connections to the internet become extensive. a. Assess the implications of the above on competition policy and law Being cognizant of the increasing need to catch up b. Identify areas/sectors that need further study/ with evolving industry trends, the Philippine Institute investigation for Development Studies (PIDS) collaborates with the c. Policy recommendations relating to other Philippine Competition Commission (PCC) to prepare government agencies. this issues paper on the Philippine digital commerce market (PDCM). The PCC is an independent quasi- 1.2 Scope and methodology judicial body mandated to implement Republic Act (RA) 10667 or the Philippine Competition Act (PCA). This issues paper analyzes the digital commerce As the primary competition authority, PCC primarily market in the Philippines. In particular, the paper promotes economic efficiency and ensures fair and focuses on e-commerce: the buying and selling of healthy competition in the markets. Empowered goods or services over computer-mediated networks. by the PCA, the PCC prohibits anti-competitive This paper also examines the traditional models and agreements, abuse of dominant position, and anti- new forms of digital commerce. competitive mergers and acquisitions. Two general frameworks are adopted to describe 1.1 Objectives of the study the industry. The first is theStructure-Conduct- Performance (SCP) paradigm (Perloff, Karp, & Golan, In general, the study provides a detailed description 2007), which links the industry’s performance (the of the industry, evaluates competition issues in the success of an industry in producing benefits for sector, and identifies potentially anti-competitive laws consumers) to the conduct (behavior) of buyers and and regulations that affect firm entry and expansion. sellers, which depends on the structure (factors that determine the competitiveness of the market). The Specifically, the study also aims to: industry structure depends on the primary conditions of supply and demand. The enabling environment 1. Describe the current value chain and related created by government policies and regulations infrastructure of digital commerce in the influence all aspects of the industry. Philippines, including key players and roles; 2. Describe the elements of a world-class digital Elements from the SCP model are used to some commerce ecosystem in line with international extent in describing the digital commerce market.
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