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Court of Appeals rules in favor of Shell on cartelization case

By Amy R. Remo
Philippine Daily Inquirer
First Posted 17:08:00 08/18/2010

Filed Under: business, Judiciary (system of justice), Consumer Issues, Litigation & Regulations

MANILA, Philippines -- The Court of Appeals (CA) has ruled in favor of Pilipinas Shell Petroleum Corp. (Shell) over allegations of monopolistic behavior, including predatory pricing and cartelization.

In a 41-page decision signed on Aug. 6, 2010, the appellate court set aside the orders issued by Manila Regional Trial Court Judge Silvino Pampilo, Jr. on April 27, June 23, and July 7, 2009, which all denied Shell?s motion to dismiss, as well as allow the intervention of the public transport group Pasang Masda in the case.

The case was filed in 2009 by the Social Justice Society (SJS) against Shell, Chevron Philippines and Petron Corp.

Consequently, the Court of Appeals order dismissed the Petition for Declaratory Relief filed by SJS and lawyer Vladimir Cabigao for lack of cause of action.

The appellate court?s presiding justice Andres Reyes, Jr. wrote in the ruling that SJS failed ?to sufficiently state neither right nor act in imminent violation thereof. (SJS) merely conjectured that (Shell?s) price hikes are in violation of the laws in question.?

The Court of Appeals further held that Pampilo deprived Shell of due process ?by failing to deport himself in a manner necessary to uphold confidence against impartiality.?



Copyright 2011 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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