Philippine Competition Act

• What is the title of the Philippine Competition Act?

  Republic Act No. 10667
• What is the main purpose of the Philippine Competition Act?


  To provide a national competition policy and measures against anti-competitive practices
• What are the key prohibitions for the Commissioners under the Philippine Competition Act?


  • Cannot hold other offices or employment during their term
  • Cannot participate in contracts with the government
  • Cannot be consultants to corporations
  • Cannot participate in elections of corporate officers
  • Family members cannot appear before the agency
• How long must the Commissioners abstain from engaging in cases after leaving office?


  Two years
• What is the compensation status for members and personnel of the Commission?


  They are exempted from certain compensation and entitlement regulations
• What constitutes anti-competitive agreements under Section 14?


  • Price fixing
  • Limiting production or supply
  • Collusive bidding
  • Market allocation
  • Sharing markets by various means
• What is prohibited under Section 15 regarding dominant positions?


  Abuse of dominant position that restricts competition
• What is one example of conduct that could be considered abuse of dominant position?


  Selling goods below cost to drive competitors out
• How does the Commission evaluate the intent behind selling goods below cost?


  It considers whether the lower price was due to efficient management
• What are the types of discriminatory pricing practices mentioned in Section 15?


  • Geocoded pricing
  • Price differentials reflecting manufacturing costs
  • Price differentials due to market changes
  • Price fixes imposed by competition
• What happens if the Commission finds evidence of violations of the Act?


  They may file a criminal complaint with the DOJ
• What is the Commission's jurisdiction regarding sector regulations?


  The Commission has original and primary jurisdiction over competition issues
• What is the consequence for violations involving prime commodities?


  The fine imposed shall be doubled
• What is the role of the Commission in relation to sector regulations?


  The Commission works with sectors to promote competition and resolve issues
• What is the significance of Section 42 regarding immunity from suit?


  It provides immunity for the Chairperson and Commissioners in their official capacity
• What is the role of the Chairperson and Executive Director of the Commission regarding legal representation?


  They may appear as counsel for the Republic of the Philippines in relevant matters
• What is the process for preliminary investigations by the Commission?


  The Commission conducts investigations in compliance with established rules
• How does the Commission's findings impact market competition?


  They can lead to penalties that affect consumer welfare and competition
• What does Section 27 define regarding market dominant position?


  It outlines the criteria for determining market dominance
• What are the penalties outlined in Section 28 for violations of the Act?


  Penalties may include fines and other administrative actions