Section 3Sec./Art. 3

A new section denominated as Section 21 is inserted after Section 20 ofRepublic Act No. 11212, to read as follows:

"Section 21.Market Abuse or Anti-Competitive Behavior. The ERC, in the exercise of its function, shall determine if there is any market abuse or anti-competitive behavior by any party to any existing power sales agreement covering the cities of Iloilo and Passi and the municipalities of Alimodian, Leganes, Leon, New Lucena, Pavia, San Miguel, Santa Barbara, Zarraga, Anilao, Banate, Barotac Nuevo, Dingle, Dueas, Dumangas and San Enrique, in the Province of Iloilo, the ERC shall order the amendment of any contract which, after due determination, is found to be grossly disadvantageous.

"Notwithstanding any ERC action, the parties of any affected power sales agreement may, in accordance with the dispute resolution clause of these power sales agreement or such other applicable clause, enter into a negotiation for the reduction of any tariff or rates under the power sales agreement.

"Any amendment of the power sales agreement under this clause shall not, however, diminish or impair a party's financial investment entered into pursuant to the said agreement."