PHILIPPINES' COMPETITION LAW AND POLICY


Competition in general

Competition seems like an air that undeniably exist everywhere, from the simplest life of every individual both in terms of personal and career matters, even those smallest street vendor up to those multinational companies operating in a complicated climate of today's business world.

Government approach to competition

Philippine government, with the end view of promoting economic efficiency, correct market failure, enhance consumer welfare, achieve higher economic growth and competitiveness both domestic and foreign markets, came up with the so called "Competition Law and Policies" envisioned to maximize resources that would immense for the benefits from the highest position of production chain up to the end consumers.

 December 5, 2012 was the first Philippine National Competition day through the proclamation number 384 series of 2012, simultaneously December 5 of every year as National Competition Day, together with the issuance of E.O. 45 designating Department of Justice (DOJ) as Competition Authority, with the theme for a "Level Playing Field for Economic Justice for All".

Dealing Laws

 Although there are more or less thirty (30) plus Philippine laws dealing with competition policy, but to mention the basic yet leading, as provided by the Development In Trade And Tariff Policy (Primer), is the Philippine  constitution, that provides, the state shall regulate or prohibit monopolies when the public interest so require. No combinations in restraint of trade or unfair competition shall be allowed.

 Further, in addressing the anti-competitive behavior is penal or criminal in nature. Article 186 of the revised penal code defines and penalizes monopolies and combinations in restraints of trade and provides penalties therefor.

 Another, the Civil Code of the Philippines (which came into effect in August 1950) and R.A. 165 (otherwise known as the Act to prohibit Monopolies and Combinations in restraints of Trade) that allows the collection of damages arising from unfair competition.

 However, all those cited statutes mentioned, none of them actually define the term.

 While for some specific unfair trade practices, the special laws designed to address are: 
  • "Intellectual Property Code" that provides for protection of patents, trademarks and copyrights.
  • "Corporation Code of the Philippines" that provides for the rules regarding mergers and consolidation, and acquisition of or substantially all assets or shares of stock of corporation.
  • "Revised Securities Act" which complements the corporation code that prescribes the manipulation of security prices and insider trading.
  • "Price Act" that defines and identifies illegal acts of price manipulation such as hording, profiteering and cartels.
  • "Consumer Act" among others, that provides for consumer product quality and safety standards.

 To fully portray the sides of this article, below are the agencies implementing  these policies:
  • Tariff Commission (TC)
  • Bureau of Import Services (BIS)
  • Bureau of Trade Regulation and Consumer Protection (BTRCP)
  • Securities and Exchange Commission (SEC)
  • Bangko Sentral og Pilipinas (BSP)
  • Insurance Commission (IC)
  • National Food Authority (NFA)
  • Sugar Regulatory Adm.(SRA)
  • Philippine Coconut Authority (PCA)
  • Board of Investment (BOI)
  • National Telecommunication Commission (NTC)
  • Land Transportation Franchising and Regulatory Board (LTFRB)
  • Civil Aeronautics Board (CAB)
  • MARINA
  • Philippine Ports Authority (PPA)
  • Department of Energy (DOE)
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 [Manila, Philippines | Posted: November 2013]