how can competition benefit our daily lives 04 november 2014 diamond hotel, manila ruth u. tan...
DESCRIPTION
1987 Constitution Act 3247 Act 3247 (1925) –treble damages Act 3815 Act 3815 (1932)- RPC on monopolies & combination in restraint of trade; machinations in public auction RA No RA No (1992) – Price Act RA No (1998) - RA No (1998) - downstream oil industry Current LawsTRANSCRIPT
How Can Competition Benefit Our Daily Lives 04 November 2014
Diamond Hotel, Manila
Ruth U. TanOffice for CompetitionDepartment of Justice
State of Competition Regime in the Philippines
Competition Advocacy ForumCompetition Advocacy Forum
30+ Competition
laws
Sectoral approach to CPL implementationSectoral approach to CPL implementation
60+ Sector
regulators
“Advocacy + Enforcement”
1987 Constitution 1987 Constitution Act 3247Act 3247 (1925) –treble damages Act 3815 Act 3815 (1932)- RPC on monopolies & combination in restraint of trade; machinations in public auction RA No. 7581RA No. 7581 (1992) – Price Act RA No. 8479 (1998) - RA No. 8479 (1998) - downstream oil industry
Current LawsCurrent Laws
RA No. 4152 (1964) vest SOJ with legal and RA No. 4152 (1964) vest SOJ with legal and enforcement duties in competitionenforcement duties in competition
“study all laws relating to trusts, monopolies and combinations; to draft such legislation as may be necessary to up-date of revise existing laws to enable the Government to deal more effectively with monopolistic practices and all forms of trusts and combination in restraint of trade or free competition and/or tending to bring about non-competitive prices of articles of prime necessity; to investigate all cases involving violations of such laws; to initiate and take such preventive measures, including appropriate judicial proceedings, to prevent or restrain monopolization and allied practice or activities or activities of trust, monopolies and combinations.”
Current LawsCurrent Laws
Designated DOJ as competition authority of the Philippines
Created the OFC Did not diminish power of sector regulators Relationship with SRs is governed by a
framework for concurrent application of CL
EO 45 (2011)EO 45 (2011)
Guidelines governing relationship with SRGuidelines governing relationship with SROperational relationshipNotification & referral procedureComplaints handlingExchange of information Delineation: Delineation: SR – Technical & economic regulationOFC – Competition enforcement; exceptions Fundamentals of CooperationFundamentals of Cooperation
EO 45 (2011)EO 45 (2011)
Challenges, Legal Challenges, Legal Scattered Provision on mergers, abuse of dominanceLargely criminal Challenges, EnactmentChallenges, Enactment What are the chances in the 16What are the chances in the 16thth Congress? Congress?
Political commitmentSupport (business, academe, legislators)ASEAN commitment
Legislative InitiativesLegislative Initiatives