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Ensuring businesses compete and consumers benefit
Competition Law: Game Changer
anti-competitive business practices
Few industry players
Limited consumer
choice
Higher prices
Fair and competitive market
Little or No competition
restrictive economic policies
Level playing field for business
More choices at better prices for
consumers
Worldwide Enforcement
120+ jurisdictions around the world now enforce competition law
3
Competition Laws in ASEAN
• All ASEAN countries have Competition Law except forCambodia
• A number are reviewing their Competition Laws:
– Thailand
– Indonesia
– Malaysia
• Brunei, Laos, and Myanmar: no agency yet
Competition authorities
• US Federal Trade Commission (FTC)
• Competition Commission of Singapore (CCS)
• Germany
• UK
• Korea Fair Trade Commission (KFTC)
Constitution, Art. XII, Sec. 19 "The State shall regulate or prohibit monopolies when the public
interest so requires. No combinations in restraint of trade or unfair
competition shall be allowed.”
Revised Penal Code, arts. 185 & 186
– Penalties
– Evidence required
Competition laws (pre-Philippine Competition Act)
Provisions in various laws and regulations
Republic Act 10667THE PHILIPPINE COMPETITION
ACT (PCA)
“… The State also recognizes that the
provision of equal opportunities to all
promotes entrepreneurial spirit,
encourages private investments,
facilitates technology development and
transfer and enhances resource
productivity. Unencumbered market
competition also serves the interest of
consumers by allowing them to exercise
their right of choice over goods and
services offered in the market.”
• WHO?
• Any person or entity engaged in any trade, industry and
commerce in the PH (natural or juridical person,
whether incorporated or not, domestic or foreign
engaged directly or indirectly in any economic activity)
• GOCCs
• Trade associations if used in violation of the PCA
• WHAT?
• Local trade; international trade having direct,
substantial, and reasonably foreseeable effects in
trade, industry, or commerce in the PH
PCA covers
Anti-CompetitiveAgreements
Abuse of Dominant Position
Anti-CompetitiveMergers
PCA prohibits
• Administrative (Sec. 29) – Secs. 14, 15,
17, 20
– Fines
– Failure to comply with order
– False or misleading information
• Civil (Sec. 45) – Secs. 14(a) & 14(b)
• Criminal (Sec. 30) – Secs. 14(a) & 14(b)
– 2-7 yrs
PCA penalizes
The PCC
• PCC has original and primary jurisdiction in the enforcement and regulation of all competition-related issues
• PCC and sector regulators shall work together to issue rules and regulations to promote competition, protect consumers, and prevent abuse of market power by dominant players within their respective sectors
PCA is an opportunity for
its own brand of PPP• PCA is aimed at opening the market to more
players
• Non-adversarial and behavioral remedies show that the PCA is interested in helping entities correct anti-competitive practices
• A competitive environment increases the competitiveness of entities and the PH as a whole in ASEAN and the global market
• Competition on national, regional, and global levels will redound to the benefit of every consumer