REPUBLIC ACT No.

10667 lessen, manipulate or constrict the discipline

of free markets; and
AN ACT PROVIDING FOR A NATIONAL
COMPETITION POLICY PROHIBITING ANTI- (c) Penalize all forms of anti-competitive
COMPETITIVE AGREEMENTS, ABUSE OF agreements, abuse of dominant position and
DOMINANT POSITION AND ANTI-COMPETITIVE anti-competitive mergers and acquisitions,
MERGERS AND ACQUISITIONS, ESTABLISHING with the objective of protecting consumer
THE PHILIPPINE COMPETITION COMMISSION welfare and advancing domestic and
AND APPROPRIATING FUNDS THEREFOR international trade and economic
development.
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress Section 3. Scope and Application. — This Act shall
assembled: be enforceable against any person or entity
engaged in any trade, industry and commerce in the
CHAPTER I Republic of the Philippines. It shall likewise be
GENERAL PROVISIONS applicable to international trade having direct,
substantial, and reasonably foreseeable effects in
Section 1. Short Title. – This Act shall be known as trade, industry, or commerce in the Republic of the
the "Philippine Competition Act". Philippines, including those that result from acts
done outside the Republic of the Philippines.
Section 2. Declaration of Policy. – The efficiency of
market competition as a mechanism for allocating This Act shall not apply to the combinations or
goods and services is a generally accepted precept. activities of workers or employees nor to
The State recognizes that past measures agreements or arrangements with their employers
undertaken to liberalize key sectors in the economy when such combinations, activities, agreements, or
need to be reinforced by measures that safeguard arrangements are designed solely to facilitate
competitive conditions. The State also recognizes collective bargaining in respect of conditions of
that the provision of equal opportunities to all employment.
promotes entrepreneurial spirit, encourages private
investments, facilitates technology development and Section 4. Definition of Terms. – As used in this
transfer and enhances resource productivity. Act:
Unencumbered market competition also serves the
interest of consumers by allowing them to exercise (a) Acquisition refers to the purchase of
their right of choice over goods and services offered securities or assets, through contract or
in the market. other means, for the purpose of obtaining
control by:
Pursuant to the constitutional goals for the national
economy to attain a more equitable distribution of (1) One (1) entity of the whole or
opportunities, income, and wealth; a sustained part of another;
increase in the amount of goods and services
produced by the nation for the benefit of the people; (2) Two (2) or more entities over
and an expanding productivity as the key to raising another; or
the quality of life for all, especially the
underprivileged and the constitutional mandate that (3) One (1) or more entities over one
the State shall regulate or prohibit monopolies when (1) or more entities;
the public interest so requires and that no
combinations in restraint of trade or unfair
(b) Agreement refers to any type or form of
competition shall be allowed, the State shall:
contract, arrangement, understanding,
collective recommendation, or concerted
(a) Enhance economic efficiency and action, whether formal or informal, explicit or
promote free and fair competition in trade, tacit, written or oral;
industry and all commercial economic
activities, as well as establish a National
(c) Conduct refers to any type or form of
Competition Policy to be implemented by the
undertaking, collective recommendation,
Government of the Republic of the
independent or concerted action or practice,
Philippines and all of its political agencies as
whether formal or informal;
a whole;
(d) Commission refers to the Philippine
(b) Prevent economic concentration which
Competition Commission created under this
will control the production, distribution, trade,
Act;
or industry that will unduly stifle competition,
(e) Confidential business information refers areas because the conditions of
to information which concerns or relates to competition are different in those
the operations, production, sales, areas.
shipments, purchases, transfers,
identification of customers, inventories, or CHAPTER II
amount or source of any income, profits, PHILIPPINE COMPETITION COMMISSION
losses, expenditures;
Section 5. Philippine Competition Commission. –
(f) Control refers to the ability to substantially To implement the national competition policy and
influence or direct the actions or decisions of attain the objectives and purposes of this Act, an
an entity, whether by contract, agency or independent quasi-judicial body is hereby created,
otherwise; which shall be known as the Philippine Competition
Commission (PCC), hereinafter referred to as the
(g) Dominant position refers to a position of Commission, and which shall be organized within
economic strength that an entity or entities sixty (60) days after the effectivity of this Act. Upon
hold which makes it capable of controlling establishment of the Commission, Executive Order
the relevant market independently from any No. 45 designating the Department of Justice as the
or a combination of the following: Competition Authority is hereby amended. The
competitors, customers, suppliers, or Office for Competition (OFC) under the Office of the
consumers; Secretary of Justice shall however be retained, with
its powers and functions modified pursuant to
(h) Entity refers to any person, natural or Section 13 of this Chapter.
juridical, sole proprietorship, partnership,
combination or association in any form, The Commission shall be an attached agency to the
whether incorporated or not, domestic or Office of the President.
foreign, including those owned or controlled
by the government, engaged directly or Section 6. Composition of the Commission. – The
indirectly in any economic activity; Commission shall be composed of a Chairperson
and four (4) Commissioners. The Chairperson and
(i) Market refers to the group of goods or the Commissioners shall be citizens and residents
services that are sufficiently interchangeable of the Philippines, of good moral character, of
or substitutable and the object of recognized probity and independence and must
competition, and the geographic area where have distinguished themselves professionally in
said goods or services are offered; public, civic or academic service in any of the
following fields: economics, law, finance, commerce
(j) Merger refers to the joining of two (2) or or engineering. They must have been in the active
more entities into an existing entity or to practice of their professions for at least ten (10)
form a new entity; years, and must not have been candidates for any
elective national or local office in the immediately
(k) Relevant market refers to the market in preceding elections, whether regular or
which a particular good or service is sold special: Provided, That at least one (1) shall be a
and which is a combination of the relevant member of the Philippine Bar with at least ten (10)
product market and the relevant geographic years of experience in the active practice of law,
market, defined as follows: and at least one (1) shall be an economist. The
Chairperson and the Commissioners who shall have
the rank equivalent of cabinet secretary and
(1) A relevant product market
undersecretary, respectively, shall be appointed by
comprises all those goods and/or
the President.
services which are regarded as
interchangeable or substitutable by
the consumer or the customer, by Section 7. Term of Office. – The term of office of
reason of the goods and/or services’ the Chairperson and the Commissioners shall be
characteristics, their prices and their seven (7) years without reappointment. Of the first
intended use; and set of appointees, the Chairperson shall hold office
for seven (7) years and of the first four (4)
Commissioners, two (2) shall hold office for a term
(2) The relevant geographic market
of seven (7) years and two (2) for a term of five (5)
comprises the area in which the
years. In case a vacancy occurs before the
entity concerned is involved in the
expiration of the term of office, the appointment to
supply and demand of goods and
such vacancy shall only be for the unexpired term of
services, in which the conditions of
the predecessor.
competition are sufficiently
homogenous and which can be
distinguished from neighboring
The Chairperson and the Commissioners shall Commission. The Executive Director shall be
enjoy security of tenure and shall not be suspended appointed by the Commission and shall have
or removed from office except for just cause as relevant experience in any of the fields of law,
provided by law. economics, commerce, management, finance or
engineering for at least ten (10) years. The
Section 8. Prohibitions and Disqualifications. – The members of the technical staff, except those
Commissioners shall not, during their tenure, hold performing purely clerical functions, shall possess at
any other office or employment. They shall not, least a Bachelor’s Degree in any of the following
during their tenure, directly or indirectly practice any lines of specialization: economics, law, finance,
profession, except in a teaching capacity, participate commerce, engineering, accounting, or
in any business, or be financially interested in any management.
contract with, or any franchise, or special privileges
granted by the government or any subdivision, Section 12. Powers and Functions. — The
agency, or instrumentality thereof, including Commission shall have original and primary
government-owned and -controlled corporations or jurisdiction over the enforcement and
their subsidiaries. They shall strictly avoid conflict of implementation of the provisions of this Act, and its
interest in the conduct of their office. They shall not implementing rules and regulations. The
be qualified to run for any office in the election Commission shall exercise the following powers and
immediately succeeding their cessation from functions:
office: Provided, That the election mentioned hereof
is not a Barangay election or a Sangguniang (a) Conduct inquiry, investigate, and hear
Kabataan election. Provided, they shall not be and decide on cases involving any violation
allowed to personally appear or practice as counsel of this Act and other existing competition
or agent on any matter pending before the laws motu proprio or upon receipt of a
Commission for two (2) years following their verified complaint from an interested party or
cessation from office. upon referral by the concerned regulatory
agency, and institute the appropriate civil or
No spouse or relative by consanguinity or affinity criminal proceedings;
within the fourth civil degree of any of the
Commissioners, the Chairperson and the Executive (b) Review proposed mergers and
Director of the Commission may appear as counsel acquisitions, determine thresholds for
nor agent on any matter pending before the notification, determine the requirements and
Commission or transact business directly or procedures for notification, and upon
indirectly therein during incumbency and within two exercise of its powers to review, prohibit
(2) years from cessation of office. mergers and acquisitions that will
substantially prevent, restrict, or lessen
Section 9. Compensation and Other Emoluments competition in the relevant market;
for Members and Personnel of the Commission.—
The compensation and other emoluments for the (c) Monitor and undertake consultation with
members and personnel of the Commission shall be stakeholders and affected agencies for the
exempted from the coverage of Republic Act No. purpose of understanding market behavior;
6758, otherwise known as the "Salary
Standardization Act". For this purpose, the salaries (d) Upon finding, based on substantial
and other emoluments of the Chairperson, the evidence, that an entity has entered into an
Commissioners, and personnel of the Commission anti-competitive agreement or has abused
shall be set based on an objective classification its dominant position after due notice and
system, taking into consideration the importance hearing, stop or redress the same, by
and responsibilities attached to the respective applying remedies, such as, but not limited
positions, and shall be submitted to the President of to, issuance of injunctions, requirement of
the Philippines for his approval. divestment, and disgorgement of excess
profits under such reasonable parameters
Section 10. Quorum. – Three (3) members of the that shall be prescribed by the rules and
Commission shall constitute a quorum and the regulations implementing this Act;
affirmative vote of three (3) members shall be
necessary for the adoption of any rule, ruling, order, (e) Conduct administrative proceedings,
resolution, decision or other acts of the impose sanctions, fines or penalties for any
Commission. noncompliance with or breach of this Act
and its implementing rules and regulations
Section 11. Staff. – The Commission shall appoint, (IRR) and punish for contempt;
fix the compensation, and determine the status,
qualifications, and duties of an adequate staff, which (f) Issue subpoena duces tecum and
shall include an Executive Director of the subpoena ad testificandum to require the
production of books, records, or other proposed legislation for the regulation of
documents or data which relate to any commerce, trade, or industry;
matter relevant to the investigation and
personal appearance before the (l) Monitor and analyze the practice of
Commission, summon witnesses, administer competition in markets that affect the
oaths, and issue interim orders such as Philippine economy; implement and oversee
show cause orders and cease and desist measures to promote transparency and
orders after due notice and hearing in accountability; and ensure that prohibitions
accordance with the rules and regulations and requirements of competition laws are
implementing this Act; adhered to;

(g) Upon order of the court, undertake (m) Conduct, publish, and disseminate
inspections of business premises and other studies and reports on anti-competitive
offices, land and vehicles, as used by the conduct and agreements to inform and
entity, where it reasonably suspects that guide the industry and consumers;
relevant books, tax records, or other
documents which relate to any matter (n) Intervene or participate in administrative
relevant to the investigation are kept, in and regulatory proceedings requiring
order to prevent the removal, concealment, consideration of the provisions of this Act
tampering with, or destruction of the books, that are initiated by government agencies
records, or other documents; such as the Securities and Exchange
Commission, the Energy Regulatory
(h) Issue adjustment or divestiture orders Commission and the National
including orders for corporate reorganization Telecommunications Commission;
or divestment in the manner and under such
terms and conditions as may be prescribed (o) Assist the National Economic and
in the rules and regulations implementing Development Authority, in consultation with
this Act. Adjustment or divestiture orders, relevant agencies and sectors, in the
which are structural remedies, should only preparation and formulation of a national
be imposed: competition policy;

(1) Where there is no equally (p) Act as the official representative of the
effective behavioral remedy; or Philippine government in international
competition matters;
(2) Where any equally effective
behavioral remedy would be more (q) Promote capacity building and the
burdensome for the enterprise sharing of best practices with other
concerned than the structural competition-related bodies;
remedy. Changes to the structure of
an enterprise as it existed before the
(r) Advocate pro-competitive policies of the
infringement was committed would
government by:
only be proportionate to the
substantial risk of a lasting or
repeated infringement that derives (1) Reviewing economic and
from the very structure of the administrative regulations, motu
enterprise; proprio or upon request, as to
whether or not they adversely affect
relevant market competition, and
(i) Deputize any and all enforcement
advising the concerned agencies
agencies of the government or enlist the aid
against such regulations; and
and support of any private institution,
corporation, entity or association, in the
implementation of its powers and functions; (2) Advising the Executive Branch
on the competitive implications of
government actions, policies and
(j) Monitor compliance by the person or
programs; and
entities concerned with the cease and desist
order or consent judgment;
(s) Charging reasonable fees to defray the
administrative cost of the services rendered.
(k) Issue advisory opinions and guidelines
on competition matters for the effective
enforcement of this Act and submit annual Section 13. Office for Competition (OFC), Powers
and special reports to Congress, including and Functions. — The OFC under the Department
of Justice (DOJ-OFC) shall only conduct preliminary
investigation and undertake prosecution of all able to decide or act independently of each other,
criminal offenses arising under this Act and other shall not be considered competitors for purposes of
competition-related laws in accordance with Section this section.
31 of Chapter VI of this Act. The OFC shall be
reorganized and allocated resources as may be Section 15. Abuse of Dominant Position. – It shall
required therefor to effectively pursue such be prohibited for one or more entities to abuse their
mandate. dominant position by engaging in conduct that
would substantially prevent, restrict or lessen
competition:

(a) Selling goods or services below cost with

the object of driving competition out of the
CHAPTER III relevant market: Provided, That in the
PROHIBITED ACTS Commission’s evaluation of this fact, it shall
consider whether the entity or entities have
Section 14. Anti-Competitive Agreements. – no such object and the price established
was in good faith to meet or compete with
the lower price of a competitor in the same
(a) The following agreements, between or
market selling the same or comparable
among competitors, are per se prohibited:
product or service of like quality;
(1) Restricting competition as to
(b) Imposing barriers to entry or committing
price, or components thereof, or
acts that prevent competitors from growing
other terms of trade;
within the market in an anti-competitive
manner except those that develop in the
(2) Fixing price at an auction or in market as a result of or arising from a
any form of bidding including cover superior product or process, business
bidding, bid suppression, bid rotation acumen, or legal rights or laws;
and market allocation and other
analogous practices of bid
(c) Making a transaction subject to
manipulation;
acceptance by the other parties of other
obligations which, by their nature or
(b) The following agreements, between or according to commercial usage, have no
among competitors which have the object or connection with the transaction;
effect of substantially preventing, restricting
or lessening competition shall be prohibited:
(d) Setting prices or other terms or
conditions that discriminate unreasonably
(1) Setting, Kmiting, or controlling between customers or sellers of the same
production, markets, technical goods or services, where such customers or
development, or investment; sellers are contemporaneously trading on
similar terms and conditions, where the
(2) Dividing or sharing the market, effect may be to lessen competition
whether by volume of sales or substantially: Provided, That the following
purchases, territory, type of goods or shall be considered permissible price
services, buyers or sellers or any differentials:
other means;
(1) Socialized pricing for the less
(c) Agreements other than those specified in fortunate sector of the economy;
(a) and (b) of this section which have the
object or effect of substantially preventing, (2) Price differential which
restricting or lessening competition shall reasonably or approximately reflect
also be prohibited: Provided, Those which differences in the cost of
contribute to improving the production or manufacture, sale, or delivery
distribution of goods and services or to resulting from differing methods,
promoting technical or economic progress, technical conditions, or quantities in
while allowing consumers a fair share of the which the goods or services are sold
resulting benefits, may not necessarily be or delivered to the buyers or sellers;
deemed a violation of this Act.
(3) Price differential or terms of sale
An entity that controls, is controlled by, or is under offered in response to the
common control with another entity or entities, have competitive price of payments,
common economic interests, and are not otherwise
 services or changes in the facilities product or process, business acumen or
furnished by a competitor; and legal rights or laws shall not be a violation of
this Act:
(4) Price changes in response to
changing market conditions, Provided, That nothing in this Act shall be construed
marketability of goods or services, or or interpreted as a prohibition on having a dominant
volume; position in a relevant market or on acquiring,
maintaining and increasing market share through
(e) Imposing restrictions on the lease or legitimate means that do not substantially prevent,
contract for sale or trade of goods or restrict or lessen competition:
services concerning where, to whom, or in
what forms goods or services may be sold Provided, further, That any conduct which
or traded, such as fixing prices, giving contributes to improving production or distribution of
preferential discounts or rebate upon such goods or services within the relevant market, or
price, or imposing conditions not to deal with promoting technical and economic progress while
competing entities, where the object or allowing consumers a fair share of the resulting
effect of the restrictions is to prevent, restrict benefit may not necessarily be considered an abuse
or lessen competition of dominant position:
substantially: Provided, That nothing
contained in this Act shall prohibit or render Provided, finally, That the foregoing shall not
unlawful: constrain the Commission or the relevant regulator
from pursuing measures that would promote fair
(1) Permissible franchising, competition or more competition as provided in this
licensing, exclusive merchandising Act.
or exclusive distributorship
agreements such as those which CHAPTER IV
give each party the right to MERGERS AND ACQUISITIONS
unilaterally terminate the agreement;
or Section 16. Review of Mergers and Acquisitions.
— The Commission shall have the power to review
(2) Agreements protecting mergers and acquisitions based on factors deemed
intellectual property rights, relevant by the Commission.
confidential information, or trade
secrets; Section 17. Compulsory Notification. – Parties to
the merger or acquisition agreement referred to in
(f) Making supply of particular goods or the preceding section wherein the value of the
services dependent upon the purchase of transaction exceeds one billion pesos
other goods or services from the supplier (P1,000,000,000.00) are prohibited from
which have no direct connection with the consummating their agreement until thirty (30) days
main goods or services to be supplied; after providing notification to the Commission in the
form and containing the information specified in the
(g) Directly or indirectly imposing unfairly low regulations issued by the
purchase prices for the goods or services of, Commission: Provided, That the Commission shall
among others, marginalized agricultural promulgate other criteria, such as increased market
producers, fisherfolk, micro-, small-, share in the relevant market in excess of minimum
medium-scale enterprises, and other thresholds, that may be applied specifically to a
marginalized service providers and sector, or across some or all sectors, in determining
producers; whether parties to a merger or acquisition shall
notify the Commission under this Chapter.
(h) Directly or indirectly imposing unfair
purchase or selling price on their An agreement consummated in violation of this
competitors, customers, suppliers or requirement to notify the Commission shall be
consumers, provided that prices that considered void and subject the parties to an
develop in the market as a result of or due to administrative fine of one percent (1%) to five
a superior product or process, business percent (5%) of the value of the transaction.
acumen or legal rights or laws shall not be
considered unfair prices; and Should the Commission deem it necessary, it may
request further information that are reasonably
(i) Limiting production, markets or technical necessary and directly relevant to the prohibition
development to the prejudice of consumers, under Section 20 hereof from the parties to the
provided that limitations that develop in the agreement before the expiration of the thirty (30)-
market as a result of or due to a superior day period referred. The issuance of such a request
has the effect of extending the period within which (a) The transaction value threshold and such
the agreement may not be consummated for an other criteria subject to the notification
additional sixty (60) days, beginning on the day after requirement of Section 17 of this Act;
the request for information is received by the
parties: Provided, That, in no case shall the total (b) The information that must be supplied for
period for review by the Commission of the subject notified merger or acquisition;
agreement exceed ninety (90) days from initial
notification by the parties. (c) Exceptions or exemptions from the
notification requirement; and
When the above periods have expired and no
decision has been promulgated for whatever (d) Other rules relating to the notification
reason, the merger or acquisition shall be deemed procedures.
approved and the parties may proceed to implement
or consummate it. All notices, documents and
Section 20. Prohibited. Mergers and Acquisitions. –
information provided to or emanating from the
Merger or acquisition agreements that substantially
Commission under this section shall be subject to
prevent, restrict or lessen competition in the relevant
confidentiality rule under Section 34 of this Act
market or in the market for goods or services as
except when the release of information contained
may be determined by the Commission shall be
therein is with the consent of the notifying entity or is
prohibited.
mandatorily required to be disclosed by law or by a
valid order of a court of competent jurisdiction, or of
a government or regulatory agency, including an Section 21. Exemptions from Prohibited. Mergers
exchange. and Acquisitions. – Merger or acquisition agreement
prohibited under Section 20 of this Chapter may,
nonetheless, be exempt from prohibition by the
In the case of the merger or acquisition of banks,
Commission when the parties establish either of the
banking institutions, building and loan associations,
following:
trust companies, insurance companies, public
utilities, educational institutions and other special
corporations governed by special laws, a favorable (a) The concentration has brought about or
or no-objection ruling by the Commission shall not is likely to bring about gains in efficiencies
be construed as dispensing of the requirement for a that are greater than the effects of any
favorable recommendation by the appropriate limitation on competition that result or likely
government agency under Section 79 of the to result from the merger or acquisition
Corporation Code of the Philippines. agreement; or

A favorable recommendation by a governmental (b) A party to the merger or acquisition

agency with a competition mandate shall give rise to agreement is faced with actual or imminent
a disputable presumption that the proposed merger financial failure, and the agreement
or acquisition is not violative of this Act. represents the least anti-competitive
arrangement among the known alternative
uses for the failing entity’s assets:
Section 18. Effect of Notification. — If within the
relevant periods stipulated in the preceding section,
the Commission determines that such agreement is Provided, That an entity shall not be prohibited from
prohibited under Section 20 and does not qualify for continuing to own and hold the stock or other share
exemption under Section 21 of this Chapter, the capital or assets of another corporation which it
Commission may: acquired prior to the approval of this Act or acquiring
or maintaining its market share in a relevant market
through such means without violating the provisions
(a) Prohibit the implementation of the
of this Act:
agreement;
Provided, further, That the acquisition of the stock or
(b) Prohibit the implementation of the
other share capital of one or more corporations
agreement unless and until it is modified by
solely for investment and not used for voting or
changes specified by the Commission.
exercising control and not to otherwise bring about,
or attempt to bring about the prevention, restriction,
(c) Prohibit the implementation of the or lessening of competition in the relevant market
agreement unless and until the pertinent shall not be prohibited.
party or parties enter into legally enforceable
agreements specified by the Commission.
Section 22. Burden of Proof. – The burden of proof
under Section 21 lies with the parties seeking the
Section 19. Notification Threshold. – The exemption. A party seeking to rely on the exemption
Commission shall, from time to time, adopt and specified in Section 21(a) must demonstrate that if
publish regulations stipulating:
the agreement were not implemented, significant constitute control. Control also exists even when an
efficiency gains would not be realized. entity owns one half (1/2) or less of the voting power
of another entity when:
Section 23. Finality of Ridings on Mergers and
Acquisitions. – Merger or acquisition agreements (a) There is power over more than one half
that have received a favorable ruling from the (1/2) of the voting rights by virtue of an
Commission, except when such ruling was obtained agreement with investors;
on the basis of fraud or false material information,
may not be challenged under this Act. (b) There is power to direct or govern the
financial and operating policies of the entity
under a statute or agreement;

(c) There is power to appoint or remove the

majority of the members of the board of
directors or equivalent governing body;

(d) There is power to cast the majority votes

at meetings of the board of directors or
CHAPTER V equivalent governing body;
DISPOSITION OF CASES
(e) There exists ownership over or the right
Section 24. Relevant Market. – For purposes of to use all or a significant part of the assets of
determining the relevant market, the following the entity;
factors, among others, affecting the substitutability
among goods or services constituting such market (f) There exist rights or contracts which
and the geographic area delineating the boundaries confer decisive influence on the decisions of
of the market shall be considered: the entity.

(a) The possibilities of substituting the goods Section 26. Determination of Anti-Competitive

or services in question, with others of Agreement or Conduct. – In determining whether
domestic or foreign origin, considering the anti-competitive agreement or conduct has been
technological possibilities, extent to which committed, the Commission shall:
substitutes are available to consumers and
time required for such substitution; (a) Define the relevant market allegedly
affected by the anti-competitive agreement
(b) The cost of distribution of the good or or conduct, following the principles laid out
service, its raw materials, its supplements in Section 24 of this Chapter;
and substitutes from other areas and
abroad, considering freight, insurance, (b) Determine if there is actual or potential
import duties and non-tariff restrictions; the adverse impact on competition in the
restrictions imposed by economic agents or relevant market caused by the alleged
by their associations; and the time required agreement or conduct, and if such impact is
to supply the market from those areas; substantial and outweighs the actual or
potential efficiency gains that result from the
(c) The cost and probability of users or agreement or conduct;
consumers seeking other markets; and
(c) Adopt a broad and forward-looking
(d) National, local or international restrictions perspective, recognizing future market
which limit access by users or consumers to developments, any overriding need to make
alternate sources of supply or the access of the goods or services available to
suppliers to alternate consumers. consumers, the requirements of large
investments in infrastructure, the
Section 25. Control of an Entity. – In determining requirements of law, and the need of our
the control of an entity, the Commission may economy to respond to international
consider the following: competition, but also taking account of past
behavior of the parties involved and
prevailing market conditions;
Control is presumed to exist when the parent owns
directly or indirectly, through subsidiaries, more than
one half (1/2) of the voting power of an entity, (d) Balance the need to ensure that
unless in exceptional circumstances, it can clearly competition is not prevented or substantially
be demonstrated that such ownership does not restricted and the risk that competition
 efficiency, productivity, innovation, or factors affecting the control of a market, as provided
development of priority areas or industries in in subsections (a) to (g) of this section.
the general interest of the country may be
deterred by overzealous or undue The Commission shall not consider the acquiring,
intervention; and maintaining and increasing of market share through
legitimate means not substantially preventing,
(e) Assess the totality of evidence on restricting, or lessening competition in the market
whether it is more likely than not that the such as but not limited to having superior skills,
entity has engaged in anti-competitive rendering superior service, producing or distributing
agreement or conduct including whether the quality products, having business acumen, and the
entity’s conduct was done with a reasonable enjoyment and use of protected intellectual property
commercial purpose such as but not limited rights as violative of this Act.
to phasing out of a product or closure of a
business, or as a reasonable commercial Section 28. Forbearance. – The Commission may
response to the market entry or conduct of a forbear from applying the provisions of this Act, for a
competitor. limited time, in whole or in part, in all or specific
cases, on an entity or group of entities, if in its
Section 27. Market Dominant Position. – In determination:
determining whether an entity has market dominant
position for purposes of this Act, the Commission (a) Enforcement is not necessary to the
shall consider the following: attainment of the policy objectives of this
Act;
(a) The share of the entity in the relevant
market and whether it is able to fix prices (b) Forbearance will neither impede
unilaterally or to restrict supply in the competition in the market where the entity or
relevant market; group of entities seeking exemption
operates nor in related markets; and
(b) The existence of barriers to entry and the
elements which could foreseeably alter both (c) Forbearance is consistent with public
said barriers and the supply from interest and the benefit and welfare of the
competitors; consumers.

(c) The existence and power of its A public hearing shall be held to assist the
competitors; Commission in making this determination.

(d) The possibility of access by its The Commission’s order exempting the relevant
competitors or other entities to its sources of entity or group of entities under this section shall be
inputs; made public. Conditions may be attached to the
forbearance if the Commission deems it appropriate
(e) The power of its customers to switch to to ensure the long-term interest of consumers.
other goods or services;
In the event that the basis for the issuance of the
(f) Its recent conducts; and exemption order ceases to be valid, the order may
be withdrawn by the Commission.
(g) Other criteria established by the
regulations of this Act. CHAPTER VI
FINES AND PENALTIES
There shall be a rebuttable presumption of market
dominant position if the market share of an entity in Section 29. Administrative Penalties. –
the relevant market is at least fifty percent (50%),
unless a new market share threshold is determined (a) Administrative Fines. – In any
by the Commission for that particular sector. investigation under Chapter III, Sections 14
and 15, and Chapter IV, Sections 17 and 20
The Commission shall from time to time determine of this Act, after due notice and hearing, the
and publish the threshold for dominant position or Commission may impose the following
minimum level of share in the relevant market that schedule of administrative fines on any
could give rise to a presumption of dominant entity found to have violated the said
position. In such determination, the Commission sections:
would consider the structure of the relevant market,
degree of integration, access to end-users,
technology and financial resources, and other
 First offense: Fine of up to one fifty million pesos (P250,000,000.00). The penalty of
hundred million pesos imprisonment shall be imposed upon the
(P100,000,000.00); responsible officers, and directors of the entity.

Second offense: Fine of not less When the entities involved are juridical persons, the
than one hundred million pesos penalty of. imprisonment shall be imposed on its
(P100,000,000.00) but not more officers, directors, or employees holding managerial
than two hundred fifty million pesos positions, who are knowingly and willfully
(P250,000,000.00). responsible for such violation.

In fixing the amount of the fine, the CHAPTER VII

Commission shall have regard to both the ENFORCEMENT
gravity and the duration of the violation.
Section 31. Fact Finding; Preliminary Inquiry. – The
(b) Failure to Comply With an Order of the Commission, motu proprio, or upon the filing of a
Commission. – An entity which fails or verified complaint by an interested party or upon
refuses to comply with a ruling, order or referral by a regulatory agency, shall have the sole
decision issued by the Commission shall and exclusive authority to initiate and conduct a
pay a penalty of not less than fifty thousand fact-finding or preliminary inquiry for the
pesos (P50,000.00) up to two million pesos enforcement of this Act based on reasonable
(P2,000,000.00) for each violation and a grounds.
similar amount of penalty for each day
thereafter until the said entity fully complies. The Commission, after considering the statements
Provided that these fines shall only accrue made, or documents or articles produced in the
daily beginning forty-five (45) days from the course of the fact-finding or preliminary inquiry, shall
time that the said decision, order or ruling terminate the same by:
was received.
(a) Issuing a resolution ordering its closure if
(c) Supply of Incorrect or Misleading no violation or infringement of this Act is
Information. – The Commission may found; or
likewise impose upon any entity fines of up
to one million pesos (PI,000,000.00) where, (b) Issuing a resolution to proceed, on the
intentionally or negligently, they supply basis of reasonable grounds, to the conduct
incorrect or misleading information in any of a full administrative investigation.
document, application or other paper filed
with or submitted to the Commission or
The Commission, after due notice and hearing, and
supply incorrect or misleading information in
on the basis of facts and evidence presented, may
an application for a binding ruling, a
issue an order for the temporary cessation or
proposal for a consent judgment,
desistance from the performance of certain acts by
proceedings relating to a show cause order,
the respondent entity, the continued performance of
or application for modification of the
which would result in a material and adverse effect
Commission’s ruling, order or approval, as
on consumers or competition in the relevant market.
the case may be.
If the evidence so warrants, the Commission may
(d) Any other violations not specifically
file before the DOJ criminal complaints for violations
penalized under the relevant provisions of
of this Act or relevant laws for preliminary
this Act shall be penalized by a fine of not
investigation and prosecution before the proper
less than fifty thousand pesos (P50,000.00)
court. The DOJ shall conduct such preliminary
up to two million pesos (P2,000,000.00).
investigation in accordance with the Revised Rules
of Criminal Procedure.
Provided that the schedule of fines indicated in this
section shall be increased by the Commission every
The preliminary inquiry shall, in all cases, be
five (5) years to maintain their real value from the
completed by the Commission within ninety (90)
time it was set.
days from submission of the verified complaint,
referral, or date of initiation by the
Section 30. Criminal Penalties. – An entity that Commission, motu proprio, of the same.
enters into any anti-competitive agreement as
covered by Chapter III, Section 14(a) and 14(b)
Except as provided in Section 12(i) of Chapter II of
under this Act shall, for each and every violation, be
this Act, no law enforcement agency shall conduct
penalized by imprisonment from two (2) to seven (7)
any kind of fact-finding, inquiry or investigation into
years, and a fine of not less than fifty million pesos
any competition-related matters.
(P50,000,000.00) but not more than two hundred
Section 32. Relationship With Sector Regulators. – imposed on a participant in an anti-competitive
The Commission shall have original and primary agreement as provided in Section 14(a) and 14(b) of
jurisdiction in the enforcement and regulation of all this Act in exchange for the voluntary disclosure of
competition-related issues. information regarding such an agreement which
satisfies specific criteria prior to or during the fact-
The Commission shall still have jurisdiction if the finding or preliminary inquiry stage of the case.
issue involves both competition and noncompetition
issues, but the concerned sector regulator shall be Immunity from suit will be granted to an entity
consulted and afforded reasonable opportunity to reporting illegal anti-competitive activity before a
submit its own opinion and recommendation on the fact-finding or preliminary inquiry has begun if the
matter before the Commission makes a decision on following conditions are met:
any case.
(a) At the time the entity comes forward, the
Where appropriate, the Commission and the sector Commission has not received information
regulators shall work together to issue rules and about the activity from any other source;
regulations to promote competition, protect
consumers, and prevent abuse of market power by (b) Upon the entity’s discovery of illegal
dominant players within their respective sectors. activity, it took prompt and effective action to
terminate its participation therein;
Section 33. Power to Investigate and Enforce
Orders and Resolutions. – The Commission shall (c) The entity reports the wrongdoing with
conduct inquiries by administering oaths, issuing candor and completeness and provides full,
subpoena duces tecum and summoning witnesses, continuing, and complete cooperation
and commissioning consultants or experts. It shall throughout the investigation; and
determine if any provision of this Act has been
violated, enforce its orders and carry out its (d) The entity did not coerce another party to
resolutions by making use of any available means, participate in the activity and clearly was not
provisional or otherwise, under existing laws and the leader in, or the originator of, the activity.
procedures including the power to punish for
contempt and to impose fines.
Even after the Commission has received information
about the illegal activity after a fact-finding or
Section 34. Confidentiality of Information. – preliminary inquiry has commenced, the reporting
Confidential business information submitted by entity will be granted leniency, provided preceding
entities, relevant to any inquiry or investigation conditions (b) and (c) and the following additional
being conducted pursuant to this Act as well as any requirements are complied with:
deliberation in relation thereto, shall not, in any
manner, be directly or indirectly disclosed,
(1) The entity is the first to come forward
published, transferred, copied, or disseminated.
and qualify for leniency;
Likewise, the Commission shall, to the extent
possible, subject such information to the
confidentiality rule provided under this section when (2) At the time the entity comes forward, the
it issues notices, bulletins, rulings and other Commission does not have evidence
documents: Pi’ovided., That the confidentiality rule against the entity that is likely to result in a
shall not apply if the notifying entity consents to the sustainable conviction; and
disclosure, or the document or information is
mandatorily required to be disclosed by law or by a (3) The Commission determines that
valid order of a court of competent jurisdiction or of granting leniency would not be unfair to
a government or regulatory agency, including an others.
exchange. The identity of the persons who provide
information to the Commission under condition of Such program shall include the immunity from any
anonymity, shall remain confidential, unless such suit or charge of affected parties and third parties,
confidentiality is expressly waived by these persons. exemption, waiver, or gradation of fines and/or
penalties giving precedence to the entity submitting
Any violation of this provision shall be imposed a such evidence. An entity cooperating or furnishing
fine of not less than one million pesos information, document or data to the Commission in
(PI,000,000.00) but not more than five million pesos connection to an investigation being conducted shall
(P5,000,000.00). not be subjected to any form of reprisal or
discrimination. Such reprisal or discrimination shall
Section 35. Leniency Program. – The Commission be considered a violation of this Act subject to the
shall develop a Leniency Program to be granted to sanctions provided in this Act.
any entity in the form of immunity from suit or
reduction of any fine which would otherwise be
Nothing in this section shall preclude prosecution for be subject to administrative, civil, or criminal
entities that report to the Commission false, action unless the applicant fails to comply
misleading, or malicious information, data or with the provisions of this Act;
documents damaging to the business or integrity of
the entities under inquiry as a violation of said (b) Show Cause Order. — Upon preliminary
section. An entity found to have reported false, findings motu proprio or on written complaint
misleading or malicious information, data, or under oath by an interested party that any
document may be penalized by a fine not less than entity is conducting its business, in whole or
the penalty imposed in the section reported to have in part in a manner that may not be in
been violated by the entity complained of. accord with the provisions of this Act or
other competition laws, and it finds that the
The DOJ-OFC may likewise grant leniency or issuance of a show cause order would be in
immunity as provided in this section in the event that the interest of the public, the Commission
there is already a preliminary investigation pending shall issue and serve upon such entity or
before it. entities a written description of its business
conduct complained of, a statement of the
Section 36. Nolo Contendere. – An entity charged facts, data, and information together with a
in a criminal proceeding pursuant to Section 14(a) summary of the evidence thereof, with an
and 14(b) of this Act may enter a plea of Nolo order requiring the said entity or entities to
Contendere, in which he does not accept nor deny show cause, within the period therein fixed,
responsibility for the charges but agrees to accept why no order shall issue requiring such
punishment as if he had pleaded guilty. The plea person or persons to cease and desist from
cannot be used against the defendant entity to continuing with its identified business
prove liability in a civil suit arising from the criminal conduct, or pay the administrative fine
action nor in another cause of action: Provided, That therein specified, or readjust its business
a plea of Nolo Contendere may be entered only up conduct or practices;
to arraignment and subsequently, only with the
permission of the court which shall accept it only (c) Consent Order. – At any time prior to the
after weighing its effect on the parties, the public conclusion by the Commission of its inquiry,
and the administration of justice. any entity under inquiry may, without in any
manner admitting a violation of this Act or
Section 37. Non-Adversarial Remedies. — As an any other competition laws, submit to the
implementing and enforcement policy, the Commission a written proposal for the entry
Commission shall, under such rules and regulations of a consent order, specifying therein the
it may prescribe, encourage voluntary compliance terms and conditions of the proposed
with this Act and other competition laws by making consent order which shall include among
available to the parties concerned the following and others the following:
other analogous non-adversarial administrative
remedies, before the institution of administrative, (1) The payment of an amount within
civil or criminal action: the range of fines provided for under
this Act;
(a) Binding Ruling. — Where no prior
complaint or investigation has been initiated, (2) The required compliance report
any entity that is in doubt as to whether a as well as an entity to submit regular
contemplated act, course of conduct, compliance reports;
agreement, or decision, is in compliance
with, is exempt from, or is in violation of any (3) Payment of damages to any
of the provisions of this Act, other private party/parties who may have
competition laws, or implementing rules and suffered injury; and
regulations thereof, may request the
Commission, in writing, to render a binding (4) Other terms and conditions that
ruling thereon: Provided, That the ruling is the Commission deems appropriate
for a specified period, subject to extension and necessary for the effective
as may be determined by the Commission, enforcement of this Act or other
and based on substantial evidence. Competition Laws:

In the event of an adverse binding ruling on Provided, That a consent order shall not bar
an act, course or conduct, agreement, or any inquiry for the same or similar acts if
decision, the applicant shall be provided with continued or repeated;
a reasonable period, which in no case shall
be more than ninety (90) days, to abide by
(d) Monitoring of Compliance. – The
the ruling of the Commission and shall not
Commission shall monitor the compliance by
 the entity or entities concerned, their Section 41. Basic Necessities and Prime
officers, and employees, with the final and Commodities. – If the violation involves the trade or
executory binding ruling, cease and desist movement of basic necessities and prime
order, or approval of a consent judgment. commodities as defined by Republic Act No. 7581,
Upon motion of an interested party/parties, as amended, the fine imposed by the Commission
the Commission shall issue a certification or or the courts, as the case may be, shall be tripled.
resolution to the effect that the entity or
entities concerned have, or have not, as the Section 42. Immunity from Suit. – The
case may be, complied with a final and Chairperson,the Commissioners, officers,
executory ruling, order, or approval. employees and agents of the Commission shall not
be subject to any action, claim or demand in
(e) Inadmissibility of Evidence in Criminal connection with any act done or omitted by them in
Proceedings. – The request for a binding the performance of their duties and exercise of their
ruling, the show cause order, or the proposal powers except for those actions and omissions
for consent order; the facts, data, and done in evident bad faith or gross negligence.
information therein contained or
subsequently supplied by the entity or Section 43. Indemnity. – Unless the actions of the
entities concerned; admissions, oral or Commission or its Chairperson, any of its
written, made by them against their interest; Commissioners, officers, employees and agents are
all other documents filed by them, including found to be in willful violation of this Act, performed
their evidence presented in the proceedings with evident bad faith or gross negligence, the
before the Commission; and the judgment or Commission, its Chairperson, Commissioners,
order rendered thereon; shall not be officers, employees and agents are held free and
admissible as evidence in any criminal harmless to the fullest extent permitted by law from
proceedings arising from the same act any liability, and they shall be indemnified for any
subject of the binding ruling, show cause and all liabilities, losses, claims, demands,
order or consent order against such entity or damages, deficiencies, costs and expenses of
entities, their officers, employees, and whatsoever kind and nature that may arise in
agents. connection with the exercise of their powers and
performance of their duties and functions.
Section 38. Contempt. — The Commission may
summarily punish for contempt by imprisonment not The Commission shall underwrite or advance
exceeding thirty (30) days or by a fine not exceeding litigation costs and expenses, including legal fees
one hundred thousand pesos (P 100,000.00), or and other expenses of external counsel, or provide
both, any entity guilty of such misconduct in the legal assistance to its Chairperson, Commissioners,
presence of the Commission in its vicinity as to officers, employees, or agents in connection with
seriously interrupt any hearing, session or any any civil, criminal, administrative or any other action
proceeding before it, including cases in which an or proceeding, to which they are made a party by
entity willfully fails or refuses, without just cause, to reason of, or in connection with, the exercise of
comply with a summons, subpoena or authority or performance of duties and functions
subpoena duces tecum legally issued by the under this Act: Provided, That such legal protection
Commission being present at a hearing, proceeding, shall not apply to any civil, criminal, administrative,
session or investigation, refused to be sworn as a or any action or proceeding that may be initiated by
witness or to answer questions or to furnish the Commission, against such Chairperson,
information when lawfully required to do so. Commissioners, officers, employees, or
agents: Provided, further, That the Chairperson,
Section 39. Appeals of the Decisions of the Commissioners, officers, employees, or agents, who
Commission. – Decisions of the Commission shall shall resign, retire, transfer to another agency or be
be appealable to the Court of Appeals in separated from the service, shall continue to be
accordance with the Rules of Court. The appeal provided with such legal protection in connection
shall not stay the order, ruling or decision sought to with any act done or omitted to be done by them in
be reviewed, unless the Court of Appeals shall good faith during their tenure or employment with
direct otherwise upon such terms and conditions it the Commission: Provided, finally, That in the event
may deem just. In the appeal, the Commission shall of a settlement or compromise, indemnification shall
be included as a party respondent to the case. be provided only in connection with such matters
covered by the settlement as to which the
Section 40. ‘Writ of Execution. – Upon the finality of Commission is advised by counsel that the persons
its binding ruling, order, resolution, decision, to be indemnified did not commit any negligence or
judgment, or rule or regulation, collectively, the misconduct.
Commission may issue a writ of execution to
enforce its decision and the payment of the The costs and expenses incurred in defending the
administrative fines provided in the preceding aforementioned action, suit or proceeding may be
sections. paid by the Commission in advance of the final
disposition of such action, suit or proceeding upon prohibition shall not apply when the matter is of
receipt of an undertaking by or on behalf of the extreme urgency involving a constitutional issue,
Chairperson, Commissioner, officer, employee, or such that the non-issuance of a temporary
agent to repay the amount advanced should it restraining order will result in grave injustice and
ultimately be determined by the Commission that irreparable injury to the public: Provided,
one is not entitled to be indemnified as provided in further, That, the applicant shall file a bond, in an
this section. amount to be fixed by the Court, but in no case shall
it exceed twenty percent (20%) of the imposable
Section 44. Jurisdiction of the Regional Trial fines provided for under Chapter VI, Section 29 of
Court. – The Regional Trial Court of the city or this Act: Provided, finally, That in the event that the
province where the entity or any of the entities court finally decides that the applicant was not
whose business act or conduct Constitutes the entitled to the relief applied for, the bond shall
subject matter of a case, conducts its principal place accrue in favor of the Commission.
of business, shall have original and exclusive
jurisdiction, regardless of the penalties and fines Any temporary restraining order, preliminary
herein imposed, of all criminal and civil cases injunction or preliminary mandatory injunction
involving violations of this Act and other issued in violation of this section is void and of no
competition-related laws. If the defendant or anyone force and effect. Any judge who violates this section
is charged in the capacity of a director, officer, shall be penalized by suspension of at least one (1)
shareholder, employee, or agent of a corporation or year without pay in addition to other criminal, civil or
other juridical entity who knowingly and willfully administrative penalties.
authorized the commission of the offense charged,
the Regional Trial Court of the city or province Section 48. Trade Associations. – Nothing
where such corporation or juridical entity conducts contained in this Act shall be construed to prohibit
its principal place of business, shall have the existence and operation of trade associations
jurisdiction. organized to promote quality standards and safety
issues: Pi’ovided, That, these associations shall not
Section 45. Private Action. – Any person who in any way be used to justify any violation of this
suffers direct injury by reason of any violation of this Act: Provided, however, That it shall not be illegal to
Act may institute a separate and independent civil use the association as a forum to discuss or
action after the Commission has completed the promote quality standards, efficiency, safety,
preliminary inquiry provided under Section 31. security, productivity, competitiveness and other
matters of common interest involving the
industry: Provided, further, That such is done
without any anti-competitive intent or effect.
CHAPTER VIII
OTHER PROVISIONS Section 49. Congressional Oversight Committee. –
To oversee the implementation of this Act, there
Section 46. Statute of Limitations. — Any action shall be created a Congressional Oversight
arising from a violation of any provision of this Act Committee on Competition (COCC) to be composed
shall be forever barred unless commenced within of the Chairpersons of the Senate Committees on
five (5) years from: Trade and Commerce, Economic Affairs, and
Finance, the Chairpersons of the House of
Representatives Committees on Economic Affairs,
 For criminal actions, the time the violation is
Trade and Industry, and Appropriations and two (2)
discovered by the offended party, the
members each from the Senate and the House of
authorities, or their agents; and
Representatives who shall be designated by the
 For administrative and civil actions, the time
Senate President and the Speaker of the House of
the cause of action accrues.
Representatives: Provided, That one (1) of the two
(2) Senators and one (1) of the two (2) House
Section 47. Prohibition on the Issuance of Members shall be nominated by the respective
Temporary Restraining Orders, Preliminary Minority Leaders of the Senate and the House of
Injunctions and Preliminary Mandatory Injunctions. Representatives. The Congressional Oversight
— Except for the Court of Appeals and the Supreme Committee shall be jointly chaired by the
Court, no other court shall issue any temporary Chairpersons of the Senate Committee on Trade
restraining order, preliminary injunction or and Commerce and the House of Representatives
preliminary mandatory injunction against the Committee on Economic Affairs. The Vice
Commission in the exercise of its duties or Chairperson of the Congressional Oversight
functions: Provided, That, this prohibition shall apply Committee shall be jointly held by the Chairpersons
in all cases, disputes or controversies instituted by a of the Senate Committee on Economic Affairs and
private party, including, but not limited to, cases filed the House of Representatives Committee on Trade
by entities or those claiming to have rights through and Industry.
such entities: Provided, however, That, this
The Secretariat of the COCC shall be drawn from the said two (2)-year period, the government shall
the existing personnel of the Senate and House of undertake an advocac program to inform the
Representatives committees comprising the general public of the provisions of this Act.
Congressional Oversight Committee.
Section 54. Separability Clause. – If any clause,
CHAPTER IX sentence, section or part of this Act shall be
FINAL PROVISIONS adjudged by a court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or
Section 50. Implementing Rules and Regulations. invalidate the remainder of this Act, but shall be
— Within one hundred eighty (180) days from the confined in its operation to the clause, sentence,
effectivity of this Act, the Commission, in paragraph, section, or part thereof directly involved
consultation with the DOJ-OFC and concerned in the controversy.
sector regulators shall promulgate the necessary
implementing rules and regulations for the Section 55. Repealing Clause. – The following
implementation of this Act: Provided, That, the laws, and all other laws, decrees, executive orders
Commission may revise such implementing rules and regulations, or part or parts thereof inconsistent
and regulations as it deems necessary: Provided, with any provision of this Act, are hereby repealed,
however, That such revised implementing rules and amended or otherwise modified accordingly:
regulations shall only take effect fifteen (15) days
following its publication in two (2) newspapers of (a) Article 186 of Act No. 3815, otherwise
general circulation. known as the Revised Penal
Code: Provided, That violations of Article
Section 51. Appropriations and Use of Fees, 186 of the Revised Penal Code committed
Charges and Penalties. – The initial budgetary before the effectivity of this Act may
requirements of the Commission of three hundred continue to be prosecuted unless the same
million pesos (P300,000,000.00) is hereby have been barred by prescription, and
appropriated. subject to the procedure under Section 31 of
this Act;
 All fees, fines, penalties collected by the
Commission shall not be retained by the (b) Section 4 of Commonwealth Act No. 138;
Commission, but will be remitted to the National
Treasury and shall accrue to the general funds. (c) Section 43(u) on Functions of the ERC of
Republic Act No. 9136, entitled "An Act
Ordaining Reforms in the Electric Power
Such funds necessary for the continuous and
Industry, Amending for the Purpose Certain
effective operation of the Commission shall be
Laws and for Other Purposes", otherwise
included in the annual General Appropriations Act.
known as the "Electric Power Industry
Reform Act of2001", insofar as the provision
Section 52. Transparency Clause. — Final thereof is inconsistent with this Act;
decisions, orders and rulings of the Commission
shall be published on the official website subject to
(d) Section 24 on Illegal Acts of Price
Section 34 of this Act.
Manipulation and Section 25 on Penalty for
Illegal Acts of Price Manipulation of Republic
Records of public proceedings shall be made Act No. 9502, entitled "An Act Providing for
available to the public subject to Section 34 of this Cheaper and Quality Medicines,
Act.1âwphi1

Amending for the Purpose Republic Act No.

8293 or the Intellectual Property Code,
Section 53. Transitional Clause. — In order to allow Republic Act No. 6675 or the Generics Act
affected parties time to renegotiate agreements or of 1988, and Republic Act No. 5921 or the
restructure their business to comply with the Pharmacy Law, and for Other Purposes",
provisions of this Act, an existing business structure, otherwise known as the "Universally
conduct, practice or any act that may be in violation Accessible Cheaper and Quabrty Medicines
of this Act shall be subject to the administrative, civil Act of 2008". insofar as the provisions
and criminal penalties prescribed herein only if it is thereof are inconsistent with this Act; and
not cured or is continuing upon the expiration of two
(2) years after the effectivity of this (e) Executive Order No. 45, Series of 2011,
Act: Provided, That this section shall not apply to Designating the Department of Justice as
administrative, civil and criminal proceedings the Competition Authority, Department of
against anticompetitive agreement or conduct, Justice Circular 005 Series of 2015, and
abuse of dominant position, and anti-competitive other related issuances, insofar as they are
mergers and acquisitions, initiated prior to the entry inconsistent with the provisions of this Act.
into force of this Act: Provided, further, That during
Section 56.Effectivity Clause. – This Act shall take
effect fifteen (15) days following its publication in
the Official Gazette or at least two (2) national
newspapers of general circulation. Notwithstanding
any provision herein, this Act shall have no
retroactive effect.