ph compe act (ra 10667)

• prohibited acts

  1. anti-competitive agreements
  2. abuse of dominant position
  3. prohibited mergers and acquisitions
• anti-competitive agreements

  • prohibited:
  • restrictiing competition as to: price, components, terms
  • fixing price in form of bidding
  • object: (restrict/lessen compe)
  • setting, limiting, controlling production
  • dividing/sharing market in terms of volume, territory, types, buyers/seller
  • other agreements:
  • not violation if:
  • improves production/distrib
  • promote progress
  • fair share of benefits
• abuse of dominant position (50% market share)

  • prices below cost - drive out compe [xpn: price=good faith]
  • imposing barriers - prevent compe [xpn: superior products]
  • transactions subj to acceptsnce
  • price discrimination - setting other prices [xpn: permissible]
  • restriction on lease/sale [xpn: permissible
  • franchise, licensing, distrib]
  • dependent supplies upon purch of other
  • low purch price (unfair) - marginalized providers
  • unfair price to compe, customers, suppliers
  • limit production, market, techdev [xpn: market changes]
• discriminating prices - xpn: permissible differential

  • socialized pricing - less fortunate
  • diff costs
  • response to compe
  • response to market