Sixteenth Congress services produced by the nation for the benefit of

Second Regular Session the people; and an expanding productivity as the

key to raising the quality of life for all, especially
Begun and held in Metro Manila, on Monday, the
the underprivileged and the constitutional
twenty-eighth day of July, two thousand fourteen.
mandate that the State shall regulate or prohibit
REPUBLIC ACT No. 10667 monopolies when the public interest so requires
and that no combinations in restraint of trade or
AN ACT PROVIDING FOR A NATIONAL unfair competition shall be allowed, the State
COMPETITION POLICY PROHIBITING ANTI- shall:
COMPETITIVE AGREEMENTS, ABUSE OF
DOMINANT POSITION AND ANTI- (a) Enhance economic efficiency and promote
COMPETITIVE MERGERS AND ACQUISITIONS, free and fair competition in trade, industry and all
ESTABLISHING THE PHILIPPINE commercial economic activities, as well as
COMPETITION COMMISSION AND establish a National Competition Policy to be
APPROPRIATING FUNDS THEREFOR implemented by the Government of the Republic
of the Philippines and all of its political agencies
Be it enacted by the Senate and House of as a whole;
Representatives of the Philippines in Congress
assembled: (b) Prevent economic concentration which will
control the production, distribution, trade, or
CHAPTER I industry that will unduly stifle competition,
GENERAL PROVISIONS lessen, manipulate or constrict the discipline of
Section 1. Short Title. – This Act shall be known free markets; and
as the "Philippine Competition Act". (c) Penalize all forms of anti-competitive
Section 2. Declaration of Policy. – The efficiency agreements, abuse of dominant position and anti-
of market competition as a mechanism for competitive mergers and acquisitions, with the
allocating goods and services is a generally objective of protecting consumer welfare and
accepted precept. The State recognizes that past advancing domestic and international trade and
measures undertaken to liberalize key sectors in economic development.
the economy need to be reinforced by measures Section 3. Scope and Application. — This Act
that safeguard competitive conditions. The State shall be enforceable against any person or entity
also recognizes that the provision of equal engaged in any trade, industry and commerce in
opportunities to all promotes entrepreneurial the Republic of the Philippines. It shall likewise be
spirit, encourages private investments, facilitates applicable to international trade having direct,
technology development and transfer and substantial, and reasonably foreseeable effects
enhances resource productivity. Unencumbered in trade, industry, or commerce in the Republic of
market competition also serves the interest of the Philippines, including those that result from
consumers by allowing them to exercise their acts done outside the Republic of the Philippines.
right of choice over goods and services offered in
the market. This Act shall not apply to the combinations or
activities of workers or employees nor to
Pursuant to the constitutional goals for the agreements or arrangements with their
national economy to attain a more equitable employers when such combinations, activities,
distribution of opportunities, income, and wealth; agreements, or arrangements are designed solely
a sustained increase in the amount of goods and
to facilitate collective bargaining in respect of association in any form, whether incorporated or
conditions of employment. not, domestic or foreign, including those owned or
controlled by the government, engaged directly or
Section 4. Definition of Terms. – As used in this
indirectly in any economic activity;
Act:
(i) Market refers to the group of goods or services
(a) Acquisition refers to the purchase of securities
that are sufficiently interchangeable or
or assets, through contract or other means, for the
substitutable and the object of competition, and
purpose of obtaining control by:
the geographic area where said goods or services
(1) One (1) entity of the whole or part of another; are offered;

(2) Two (2) or more entities over another; or (j) Merger refers to the joining of two (2) or more
entities into an existing entity or to form a new
(3) One (1) or more entities over one (1) or more entity;
entities;
(k) Relevant market refers to the market in which
(b) Agreement refers to any type or form of a particular good or service is sold and which is a
contract, arrangement, understanding, collective combination of the relevant product market and
recommendation, or concerted action, whether the relevant geographic market, defined as
formal or informal, explicit or tacit, written or oral; follows:
(c) Conduct refers to any type or form of (1) A relevant product market comprises all those
undertaking, collective recommendation, goods and/or services which are regarded as
independent or concerted action or practice, interchangeable or substitutable by the consumer
whether formal or informal; or the customer, by reason of the goods and/or
(d) Commission refers to the Philippine services’ characteristics, their prices and their
Competition Commission created under this Act; intended use; and

(e) Confidential business information refers to (2) The relevant geographic market comprises the
information which concerns or relates to the area in which the entity concerned is involved in
operations, production, sales, shipments, the supply and demand of goods and services, in
purchases, transfers, identification of customers, which the conditions of competition are
inventories, or amount or source of any income, sufficiently homogenous and which can be
profits, losses, expenditures; distinguished from neighboring areas because the
conditions of competition are different in those
(f) Control refers to the ability to substantially areas.
influence or direct the actions or decisions of an
entity, whether by contract, agency or otherwise; CHAPTER II
PHILIPPINE COMPETITION COMMISSION
(g) Dominant position refers to a position of
economic strength that an entity or entities hold Section 5. Philippine Competition Commission. –
which makes it capable of controlling the relevant To implement the national competition policy and
market independently from any or a combination attain the objectives and purposes of this Act, an
of the following: competitors, customers, independent quasi-judicial body is hereby
suppliers, or consumers; created, which shall be known as the Philippine
Competition Commission (PCC), hereinafter
(h) Entity refers to any person, natural or juridical, referred to as the Commission, and which shall be
sole proprietorship, partnership, combination or
organized within sixty (60) days after the to such vacancy shall only be for the unexpired
effectivity of this Act. Upon establishment of the term of the predecessor.
Commission, Executive Order No. 45 designating
The Chairperson and the Commissioners shall
the Department of Justice as the Competition
enjoy security of tenure and shall not be
Authority is hereby amended. The Office for
suspended or removed from office except for just
Competition (OFC) under the Office of the
cause as provided by law.
Secretary of Justice shall however be retained,
with its powers and functions modified pursuant Section 8. Prohibitions and Disqualifications. –
to Section 13 of this Chapter. The Commissioners shall not, during their tenure,
hold any other office or employment. They shall
The Commission shall be an attached agency to
not, during their tenure, directly or indirectly
the Office of the President.
practice any profession, except in a teaching
Section 6. Composition of the Commission. – capacity, participate in any business, or be
The Commission shall be composed of a financially interested in any contract with, or any
Chairperson and four (4) Commissioners. The franchise, or special privileges granted by the
Chairperson and the Commissioners shall be government or any subdivision, agency, or
citizens and residents of the Philippines, of good instrumentality thereof, including government-
moral character, of recognized probity and owned and -controlled corporations or their
independence and must have distinguished subsidiaries. They shall strictly avoid conflict of
themselves professionally in public, civic or interest in the conduct of their office. They shall
academic service in any of the following fields: not be qualified to run for any office in the election
economics, law, finance, commerce or immediately succeeding their cessation from
engineering. They must have been in the active office: Provided, That the election mentioned
practice of their professions for at least ten (10) hereof is not a Barangay election or a Sangguniang
years, and must not have been candidates for any Kabataan election. Provided, they shall not be
elective national or local office in the immediately allowed to personally appear or practice as
preceding elections, whether regular or counsel or agent on any matter pending before the
special: Provided, That at least one (1) shall be a Commission for two (2) years following their
member of the Philippine Bar with at least ten (10) cessation from office.
years of experience in the active practice of law,
No spouse or relative by consanguinity or affinity
and at least one (1) shall be an economist. The
within the fourth civil degree of any of the
Chairperson and the Commissioners who shall
Commissioners, the Chairperson and the
have the rank equivalent of cabinet secretary and
Executive Director of the Commission may
undersecretary, respectively, shall be appointed
appear as counsel nor agent on any matter
by the President.
pending before the Commission or transact
Section 7. Term of Office. – The term of office of business directly or indirectly therein during
the Chairperson and the Commissioners shall be incumbency and within two (2) years from
seven (7) years without reappointment. Of the cessation of office.
first set of appointees, the Chairperson shall hold
Section 9. Compensation and Other
office for seven (7) years and of the first four (4)
Emoluments for Members and Personnel of the
Commissioners, two (2) shall hold office for a
Commission.— The compensation and other
term of seven (7) years and two (2) for a term of
emoluments for the members and personnel of
five (5) years. In case a vacancy occurs before the
the Commission shall be exempted from the
expiration of the term of office, the appointment
coverage of Republic Act No. 6758, otherwise from an interested party or upon referral by the
known as the "Salary Standardization Act". For concerned regulatory agency, and institute the
this purpose, the salaries and other emoluments appropriate civil or criminal proceedings;
of the Chairperson, the Commissioners, and
(b) Review proposed mergers and acquisitions,
personnel of the Commission shall be set based
determine thresholds for notification, determine
on an objective classification system, taking into
the requirements and procedures for notification,
consideration the importance and responsibilities
and upon exercise of its powers to review, prohibit
attached to the respective positions, and shall be
mergers and acquisitions that will substantially
submitted to the President of the Philippines for
prevent, restrict, or lessen competition in the
his approval.
relevant market;
Section 10. Quorum. – Three (3) members of the
(c) Monitor and undertake consultation with
Commission shall constitute a quorum and the
stakeholders and affected agencies for the
affirmative vote of three (3) members shall be
purpose of understanding market behavior;
necessary for the adoption of any rule, ruling,
order, resolution, decision or other acts of the (d) Upon finding, based on substantial evidence,
Commission. that an entity has entered into an anti-competitive
agreement or has abused its dominant position
Section 11. Staff. – The Commission shall
after due notice and hearing, stop or redress the
appoint, fix the compensation, and determine the
same, by applying remedies, such as, but not
status, qualifications, and duties of an adequate
limited to, issuance of injunctions, requirement of
staff, which shall include an Executive Director of
divestment, and disgorgement of excess profits
the Commission. The Executive Director shall be
under such reasonable parameters that shall be
appointed by the Commission and shall have
prescribed by the rules and regulations
relevant experience in any of the fields of law,
implementing this Act;
economics, commerce, management, finance or
engineering for at least ten (10) years. The (e) Conduct administrative proceedings, impose
members of the technical staff, except those sanctions, fines or penalties for any
performing purely clerical functions, shall noncompliance with or breach of this Act and its
possess at least a Bachelor’s Degree in any of the implementing rules and regulations (IRR) and
following lines of specialization: economics, law, punish for contempt;
finance, commerce, engineering, accounting, or
management. (f) Issue subpoena duces tecum and
subpoena ad testificandum to require the
Section 12. Powers and Functions. — The production of books, records, or other documents
Commission shall have original and primary or data which relate to any matter relevant to the
jurisdiction over the enforcement and investigation and personal appearance before the
implementation of the provisions of this Act, and Commission, summon witnesses, administer
its implementing rules and regulations. The oaths, and issue interim orders such as show
Commission shall exercise the following powers cause orders and cease and desist orders after
and functions: due notice and hearing in accordance with the
rules and regulations implementing this Act;
(a) Conduct inquiry, investigate, and hear and
decide on cases involving any violation of this Act (g) Upon order of the court, undertake inspections
and other existing competition laws motu of business premises and other offices, land and
proprio or upon receipt of a verified complaint vehicles, as used by the entity, where it
reasonably suspects that relevant books, tax promote transparency and accountability; and
records, or other documents which relate to any ensure that prohibitions and requirements of
matter relevant to the investigation are kept, in competition laws are adhered to;
order to prevent the removal, concealment,
(m) Conduct, publish, and disseminate studies
tampering with, or destruction of the books,
and reports on anti-competitive conduct and
records, or other documents;
agreements to inform and guide the industry and
(h) Issue adjustment or divestiture orders consumers;
including orders for corporate reorganization or
(n) Intervene or participate in administrative and
divestment in the manner and under such terms
regulatory proceedings requiring consideration of
and conditions as may be prescribed in the rules
the provisions of this Act that are initiated by
and regulations implementing this Act.
government agencies such as the Securities and
Adjustment or divestiture orders, which are
Exchange Commission, the Energy Regulatory
structural remedies, should only be imposed:
Commission and the National
(1) Where there is no equally effective behavioral Telecommunications Commission;
remedy; or
(o) Assist the National Economic and
(2) Where any equally effective behavioral Development Authority, in consultation with
remedy would be more burdensome for the relevant agencies and sectors, in the preparation
enterprise concerned than the structural remedy. and formulation of a national competition policy;
Changes to the structure of an enterprise as it
(p) Act as the official representative of the
existed before the infringement was committed
Philippine government in international
would only be proportionate to the substantial
competition matters;
risk of a lasting or repeated infringement that
derives from the very structure of the enterprise; (q) Promote capacity building and the sharing of
best practices with other competition-related
(i) Deputize any and all enforcement agencies of
bodies;
the government or enlist the aid and support of
any private institution, corporation, entity or (r) Advocate pro-competitive policies of the
association, in the implementation of its powers government by:
and functions;
(1) Reviewing economic and administrative
(j) Monitor compliance by the person or entities regulations, motu proprio or upon request, as to
concerned with the cease and desist order or whether or not they adversely affect relevant
consent judgment; market competition, and advising the concerned
agencies against such regulations; and
(k) Issue advisory opinions and guidelines on
competition matters for the effective (2) Advising the Executive Branch on the
enforcement of this Act and submit annual and competitive implications of government actions,
special reports to Congress, including proposed policies and programs; and
legislation for the regulation of commerce, trade,
or industry; (s) Charging reasonable fees to defray the
administrative cost of the services rendered.
(l) Monitor and analyze the practice of
competition in markets that affect the Philippine Section 13. Office for Competition (OFC),
economy; implement and oversee measures to Powers and Functions. — The OFC under the
Department of Justice (DOJ-OFC) shall only
conduct preliminary investigation and undertake An entity that controls, is controlled by, or is under
prosecution of all criminal offenses arising under common control with another entity or entities,
this Act and other competition-related laws in have common economic interests, and are not
accordance with Section 31 of Chapter VI of this otherwise able to decide or act independently of
Act. The OFC shall be reorganized and allocated each other, shall not be considered competitors
resources as may be required therefor to for purposes of this section.
effectively pursue such mandate.
Section 15. Abuse of Dominant Position. – It shall
CHAPTER III be prohibited for one or more entities to abuse
PROHIBITED ACTS their dominant position by engaging in conduct
that would substantially prevent, restrict or
Section 14. Anti-Competitive Agreements. –
lessen competition:
(a) The following agreements, between or among
(a) Selling goods or services below cost with the
competitors, are per se prohibited:
object of driving competition out of the relevant
(1) Restricting competition as to price, or market: Provided, That in the Commission’s
components thereof, or other terms of trade; evaluation of this fact, it shall consider whether
the entity or entities have no such object and the
(2) Fixing price at an auction or in any form of price established was in good faith to meet or
bidding including cover bidding, bid suppression, compete with the lower price of a competitor in
bid rotation and market allocation and other the same market selling the same or comparable
analogous practices of bid manipulation; product or service of like quality;
(b) The following agreements, between or among (b) Imposing barriers to entry or committing acts
competitors which have the object or effect of that prevent competitors from growing within the
substantially preventing, restricting or lessening market in an anti-competitive manner except
competition shall be prohibited: those that develop in the market as a result of or
(1) Setting, Kmiting, or controlling production, arising from a superior product or process,
markets, technical development, or investment; business acumen, or legal rights or laws;

(2) Dividing or sharing the market, whether by (c) Making a transaction subject to acceptance by
volume of sales or purchases, territory, type of the other parties of other obligations which, by
goods or services, buyers or sellers or any other their nature or according to commercial usage,
means; have no connection with the transaction;

(c) Agreements other than those specified in (a) (d) Setting prices or other terms or conditions that
and (b) of this section which have the object or discriminate unreasonably between customers
effect of substantially preventing, restricting or or sellers of the same goods or services, where
lessening competition shall also be such customers or sellers are
prohibited: Provided, Those which contribute to contemporaneously trading on similar terms and
improving the production or distribution of goods conditions, where the effect may be to lessen
and services or to promoting technical or competition substantially: Provided, That the
economic progress, while allowing consumers a following shall be considered permissible price
fair share of the resulting benefits, may not differentials:
necessarily be deemed a violation of this Act. (1) Socialized pricing for the less fortunate sector
of the economy;
(2) Price differential which reasonably or scale enterprises, and other marginalized service
approximately reflect differences in the cost of providers and producers;
manufacture, sale, or delivery resulting from
(h) Directly or indirectly imposing unfair purchase
differing methods, technical conditions, or
or selling price on their competitors, customers,
quantities in which the goods or services are sold
suppliers or consumers, provided that prices that
or delivered to the buyers or sellers;
develop in the market as a result of or due to a
(3) Price differential or terms of sale offered in superior product or process, business acumen or
response to the competitive price of payments, legal rights or laws shall not be considered unfair
services or changes in the facilities furnished by a prices; and
competitor; and
(i) Limiting production, markets or technical
(4) Price changes in response to changing market development to the prejudice of consumers,
conditions, marketability of goods or services, or provided that limitations that develop in the
volume; market as a result of or due to a superior product
or process, business acumen or legal rights or
(e) Imposing restrictions on the lease or contract
laws shall not be a violation of this Act:
for sale or trade of goods or services concerning
where, to whom, or in what forms goods or Provided, That nothing in this Act shall be
services may be sold or traded, such as fixing construed or interpreted as a prohibition on
prices, giving preferential discounts or rebate having a dominant position in a relevant market or
upon such price, or imposing conditions not to on acquiring, maintaining and increasing market
deal with competing entities, where the object or share through legitimate means that do not
effect of the restrictions is to prevent, restrict or substantially prevent, restrict or lessen
lessen competition substantially: Provided, That competition:
nothing contained in this Act shall prohibit or
Provided, further, That any conduct which
render unlawful:
contributes to improving production or
(1) Permissible franchising, licensing, exclusive distribution of goods or services within the
merchandising or exclusive distributorship relevant market, or promoting technical and
agreements such as those which give each party economic progress while allowing consumers a
the right to unilaterally terminate the agreement; fair share of the resulting benefit may not
or necessarily be considered an abuse of dominant
position:
(2) Agreements protecting intellectual property
rights, confidential information, or trade secrets; Provided, finally, That the foregoing shall not
constrain the Commission or the relevant
(f) Making supply of particular goods or services
regulator from pursuing measures that would
dependent upon the purchase of other goods or
promote fair competition or more competition as
services from the supplier which have no direct
provided in this Act.
connection with the main goods or services to be
supplied; CHAPTER IV
MERGERS AND ACQUISITIONS
(g) Directly or indirectly imposing unfairly low
purchase prices for the goods or services of, Section 16. Review of Mergers and Acquisitions.
among others, marginalized agricultural — The Commission shall have the power to
producers, fisherfolk, micro-, small-, medium-
review mergers and acquisitions based on factors approved and the parties may proceed to
deemed relevant by the Commission. implement or consummate it. All notices,
documents and information provided to or
Section 17. Compulsory Notification. – Parties to
emanating from the Commission under this
the merger or acquisition agreement referred to in
section shall be subject to confidentiality rule
the preceding section wherein the value of the
under Section 34 of this Act except when the
transaction exceeds one billion pesos
release of information contained therein is with
(P1,000,000,000.00) are prohibited from
the consent of the notifying entity or is
consummating their agreement until thirty (30)
mandatorily required to be disclosed by law or by
days after providing notification to the
a valid order of a court of competent jurisdiction,
Commission in the form and containing the
or of a government or regulatory agency, including
information specified in the regulations issued by
an exchange.
the Commission: Provided, That the Commission
shall promulgate other criteria, such as increased In the case of the merger or acquisition of banks,
market share in the relevant market in excess of banking institutions, building and loan
minimum thresholds, that may be applied associations, trust companies, insurance
specifically to a sector, or across some or all companies, public utilities, educational
sectors, in determining whether parties to a institutions and other special corporations
merger or acquisition shall notify the Commission governed by special laws, a favorable or no-
under this Chapter. objection ruling by the Commission shall not be
construed as dispensing of the requirement for a
An agreement consummated in violation of this
favorable recommendation by the appropriate
requirement to notify the Commission shall be
government agency under Section 79 of the
considered void and subject the parties to an
Corporation Code of the Philippines.
administrative fine of one percent (1%) to five
percent (5%) of the value of the transaction. A favorable recommendation by a governmental
agency with a competition mandate shall give rise
Should the Commission deem it necessary, it may
to a disputable presumption that the proposed
request further information that are reasonably
merger or acquisition is not violative of this Act.
necessary and directly relevant to the prohibition
under Section 20 hereof from the parties to the Section 18. Effect of Notification. — If within the
agreement before the expiration of the thirty (30)- relevant periods stipulated in the preceding
day period referred. The issuance of such a section, the Commission determines that such
request has the effect of extending the period agreement is prohibited under Section 20 and
within which the agreement may not be does not qualify for exemption under Section 21
consummated for an additional sixty (60) days, of this Chapter, the Commission may:
beginning on the day after the request for
(a) Prohibit the implementation of the agreement;
information is received by the
parties: Provided, That, in no case shall the total (b) Prohibit the implementation of the agreement
period for review by the Commission of the unless and until it is modified by changes
subject agreement exceed ninety (90) days from specified by the Commission.
initial notification by the parties.
(c) Prohibit the implementation of the agreement
When the above periods have expired and no unless and until the pertinent party or parties
decision has been promulgated for whatever enter into legally enforceable agreements
reason, the merger or acquisition shall be deemed specified by the Commission.
Section 19. Notification Threshold. – The of this Act or acquiring or maintaining its market
Commission shall, from time to time, adopt and share in a relevant market through such means
publish regulations stipulating: without violating the provisions of this Act:

(a) The transaction value threshold and such Provided, further, That the acquisition of the stock
other criteria subject to the notification or other share capital of one or more corporations
requirement of Section 17 of this Act; solely for investment and not used for voting or
exercising control and not to otherwise bring
(b) The information that must be supplied for
about, or attempt to bring about the prevention,
notified merger or acquisition;
restriction, or lessening of competition in the
(c) Exceptions or exemptions from the relevant market shall not be prohibited.
notification requirement; and
Section 22. Burden of Proof. – The burden of
(d) Other rules relating to the notification proof under Section 21 lies with the parties
procedures. seeking the exemption. A party seeking to rely on
the exemption specified in Section 21(a) must
Section 20. Prohibited. Mergers and demonstrate that if the agreement were not
Acquisitions. – Merger or acquisition agreements implemented, significant efficiency gains would
that substantially prevent, restrict or lessen not be realized.
competition in the relevant market or in the
market for goods or services as may be Section 23. Finality of Ridings on Mergers and
determined by the Commission shall be Acquisitions. – Merger or acquisition agreements
prohibited. that have received a favorable ruling from the
Commission, except when such ruling was
Section 21. Exemptions from Prohibited. Mergers obtained on the basis of fraud or false material
and Acquisitions. – Merger or acquisition information, may not be challenged under this
agreement prohibited under Section 20 of this Act.
Chapter may, nonetheless, be exempt from
prohibition by the Commission when the parties CHAPTER V
establish either of the following: DISPOSITION OF CASES

(a) The concentration has brought about or is Section 24. Relevant Market. – For purposes of
likely to bring about gains in efficiencies that are determining the relevant market, the following
greater than the effects of any limitation on factors, among others, affecting the
competition that result or likely to result from the substitutability among goods or services
merger or acquisition agreement; or constituting such market and the geographic area
delineating the boundaries of the market shall be
(b) A party to the merger or acquisition agreement considered:
is faced with actual or imminent financial failure,
and the agreement represents the least anti- (a) The possibilities of substituting the goods or
competitive arrangement among the known services in question, with others of domestic or
alternative uses for the failing entity’s assets: foreign origin, considering the technological
possibilities, extent to which substitutes are
Provided, That an entity shall not be prohibited available to consumers and time required for
from continuing to own and hold the stock or such substitution;
other share capital or assets of another
corporation which it acquired prior to the approval
(b) The cost of distribution of the good or service, (f) There exist rights or contracts which confer
its raw materials, its supplements and substitutes decisive influence on the decisions of the entity.
from other areas and abroad, considering freight,
Section 26. Determination of Anti-Competitive
insurance, import duties and non-tariff
Agreement or Conduct. – In determining whether
restrictions; the restrictions imposed by
anti-competitive agreement or conduct has been
economic agents or by their associations; and the
committed, the Commission shall:
time required to supply the market from those
areas; (a) Define the relevant market allegedly affected
by the anti-competitive agreement or conduct,
(c) The cost and probability of users or consumers
following the principles laid out in Section 24 of
seeking other markets; and
this Chapter;
(d) National, local or international restrictions
(b) Determine if there is actual or potential
which limit access by users or consumers to
adverse impact on competition in the relevant
alternate sources of supply or the access of
market caused by the alleged agreement or
suppliers to alternate consumers.
conduct, and if such impact is substantial and
Section 25. Control of an Entity. – In determining outweighs the actual or potential efficiency gains
the control of an entity, the Commission may that result from the agreement or conduct;
consider the following:
(c) Adopt a broad and forward-looking
Control is presumed to exist when the parent perspective, recognizing future market
owns directly or indirectly, through subsidiaries, developments, any overriding need to make the
more than one half (1/2) of the voting power of an goods or services available to consumers, the
entity, unless in exceptional circumstances, it can requirements of large investments in
clearly be demonstrated that such ownership infrastructure, the requirements of law, and the
does not constitute control. Control also exists need of our economy to respond to international
even when an entity owns one half (1/2) or less of competition, but also taking account of past
the voting power of another entity when: behavior of the parties involved and prevailing
market conditions;
(a) There is power over more than one half (1/2) of
the voting rights by virtue of an agreement with (d) Balance the need to ensure that competitionis
investors; not prevented or substantially restricted and the
risk that competition efficiency, productivity,
(b) There is power to direct or govern the financial
innovation, or development of priority areas or
and operating policies of the entity under a statute
industries in the general interest of the country
or agreement;
may be deterred by overzealous or undue
(c) There is power to appoint or remove the intervention; and
majority of the members of the board of directors
(e) Assess the totality of evidence on whether it is
or equivalent governing body;
more likely than not that the entity has engaged in
(d) There is power to cast the majority votes at anti-competitive agreement or conduct including
meetings of the board of directors or equivalent whether the entity’s conduct was done with a
governing body; reasonable commercial purpose such as but not
limited to phasing out of a product or closure of a
(e) There exists ownership over or the right to use business, or as a reasonable commercial
all or a significant part of the assets of the entity;
response to the market entry or conduct of a The Commission shall not consider the acquiring,
competitor. maintaining and increasing of market share
through legitimate means not substantially
Section 27. Market Dominant Position. – In
preventing, restricting, or lessening competition in
determining whether an entity has market
the market such as but not limited to having
dominant position for purposes of this Act, the
superior skills, rendering superior service,
Commission shall consider the following:
producing or distributing quality products, having
(a) The share of the entity in the relevant market business acumen, and the enjoyment and use of
and whether it is able to fix prices unilaterally or to protected intellectual property rights as violative
restrict supply in the relevant market; of this Act.

(b) The existence of barriers to entry and the Section 28. Forbearance. – The Commission may
elements which could foreseeably alter both said forbear from applying the provisions of this Act,
barriers and the supply from competitors; for a limited time, in whole or in part, in all or
specific cases, on an entity or group of entities, if
(c) The existence and power of its competitors; in its determination:
(d) The possibility of access by its competitors or (a) Enforcement is not necessary to the
other entities to its sources of inputs; attainment of the policy objectives of this Act;
(e) The power of its customers to switch to other (b) Forbearance will neither impede competition
goods or services; in the market where the entity or group of entities
(f) Its recent conducts; and seeking exemption operates nor in related
markets; and
(g) Other criteria established by the regulations of
this Act. (c) Forbearance is consistent with public interest
and the benefit and welfare of the consumers.
There shall be a rebuttable presumption of market
dominant position if the market share of an entity A public hearing shall be held to assist the
in the relevant market is at least fifty percent Commission in making this determination.
(50%), unless a new market share threshold is The Commission’s order exempting the relevant
determined by the Commission for that particular entity or group of entities under this section shall
sector. be made public. Conditions may be attached to
The Commission shall from time to time the forbearance if the Commission deems it
determine and publish the threshold for dominant appropriate to ensure the long-term interest of
position or minimum level of share in the relevant consumers.
market that could give rise to a presumption of In the event that the basis for the issuance of the
dominant position. In such determination, the exemption order ceases to be valid, the order may
Commission would consider the structure of the be withdrawn by the Commission.
relevant market, degree of integration, access to
end-users, technology and financial resources, CHAPTER VI
and other factors affecting the control of a market, FINES AND PENALTIES
as provided in subsections (a) to (g) of this
Section 29. Administrative Penalties. –
section.
(a) Administrative Fines. – In any investigation
under Chapter III, Sections 14 and 15, and
Chapter IV, Sections 17 and 20 of this Act, after pesos (P50,000.00) up to two million pesos
due notice and hearing, the Commission may (P2,000,000.00).
impose the following schedule of administrative
Provided that the schedule of fines indicated in
fines on any entity found to have violated the said
this section shall be increased by the
sections:
Commission every five (5) years to maintain their
First offense: Fine of up to one hundred million real value from the time it was set.
pesos (P100,000,000.00);
Section 30. Criminal Penalties. – An entity that
Second offense: Fine of not less than one hundred enters into any anti-competitive agreement as
million pesos (P100,000,000.00) but not more covered by Chapter III, Section 14(a) and 14(b)
than two hundred fifty million pesos under this Act shall, for each and every violation,
(P250,000,000.00). be penalized by imprisonment from two (2) to
seven (7) years, and a fine of not less than fifty
In fixing the amount of the fine, the Commission
million pesos (P50,000,000.00) but not more
shall have regard to both the gravity and the
than two hundred fifty million pesos
duration of the violation.
(P250,000,000.00). The penalty of imprisonment
(b) Failure to Comply With an Order of the shall be imposed upon the responsible officers,
Commission. – An entity which fails or refuses to and directors of the entity.
comply with a ruling, order or decision issued by
When the entities involved are juridical persons,
the Commission shall pay a penalty of not less
the penalty of. imprisonment shall be imposed on
than fifty thousand pesos (P50,000.00) up to two
its officers, directors, or employees holding
million pesos (P2,000,000.00) for each violation
managerial positions, who are knowingly and
and a similar amount of penalty for each day
willfully responsible for such violation.
thereafter until the said entity fully complies.
Provided that these fines shall only accrue daily CHAPTER VII
beginning forty-five (45) days from the time that ENFORCEMENT
the said decision, order or ruling was received.
Section 31. Fact Finding; Preliminary Inquiry. –
(c) Supply of Incorrect or Misleading Information. The Commission, motu proprio, or upon the filing
– The Commission may likewise impose upon any of a verified complaint by an interested party or
entity fines of up to one million pesos upon referral by a regulatory agency, shall have
(PI,000,000.00) where, intentionally or the sole and exclusive authority to initiate and
negligently, they supply incorrect or misleading conduct a fact-finding or preliminary inquiry for
information in any document, application or other the enforcement of this Act based on reasonable
paper filed with or submitted to the Commission grounds.
or supply incorrect or misleading information in an
The Commission, after considering the
application for a binding ruling, a proposal for a
statements made, or documents or articles
consent judgment, proceedings relating to a show
produced in the course of the fact-finding or
cause order, or application for modification of the
preliminary inquiry, shall terminate the same by:
Commission’s ruling, order or approval, as the
case may be. (a) Issuing a resolution ordering its closure if no
violation or infringement of this Act is found; or
(d) Any other violations not specifically penalized
under the relevant provisions of this Act shall be
penalized by a fine of not less than fifty thousand
(b) Issuing a resolution to proceed, on the basis of Where appropriate, the Commission and the
reasonable grounds, to the conduct of a full sector regulators shall work together to issue
administrative investigation. rules and regulations to promote competition,
protect consumers, and prevent abuse of market
The Commission, after due notice and hearing,
power by dominant players within their respective
and on the basis of facts and evidence presented,
sectors.
may issue an order for the temporary cessation or
desistance from the performance of certain acts Section 33. Power to Investigate and Enforce
by the respondent entity, the continued Orders and Resolutions. – The Commission shall
performance of which would result in a material conduct inquiries by administering oaths, issuing
and adverse effect on consumers or competition subpoena duces tecum and summoning
in the relevant market. witnesses, and commissioning consultants or
experts. It shall determine if any provision of this
If the evidence so warrants, the Commission may
Act has been violated, enforce its orders and carry
file before the DOJ criminal complaints for
out its resolutions by making use of any available
violations of this Act or relevant laws for
means, provisional or otherwise, under existing
preliminary investigation and prosecution before
laws and procedures including the power to
the proper court. The DOJ shall conduct such
punish for contempt and to impose fines.
preliminary investigation in accordance with the
Revised Rules of Criminal Procedure. Section 34. Confidentiality of Information. –
Confidential business information submitted by
The preliminary inquiry shall, in all cases, be
entities, relevant to any inquiry or investigation
completed by the Commission within ninety (90)
being conducted pursuant to this Act as well as
days from submission of the verified complaint,
any deliberation in relation thereto, shall not, in
referral, or date of initiation by the
any manner, be directly or indirectly disclosed,
Commission, motu proprio, of the same.
published, transferred, copied, or disseminated.
Except as provided in Section 12(i) of Chapter II of Likewise, the Commission shall, to the extent
this Act, no law enforcement agency shall possible, subject such information to the
conduct any kind of fact-finding, inquiry or confidentiality rule provided under this section
investigation into any competition-related when it issues notices, bulletins, rulings and other
matters. documents: Pi’ovided., That the confidentiality
rule shall not apply if the notifying entity consents
Section 32. Relationship With Sector to the disclosure, or the document or information
Regulators. – The Commission shall have original is mandatorily required to be disclosed by law or
and primary jurisdiction in the enforcement and by a valid order of a court of competent
regulation of all competition-related issues. jurisdiction or of a government or regulatory
The Commission shall still have jurisdiction if the agency, including an exchange. The identity of the
issue involves both competition and persons who provide information to the
noncompetition issues, but the concerned sector Commission under condition of anonymity, shall
regulator shall be consulted and afforded remain confidential, unless such confidentiality is
reasonable opportunity to submit its own opinion expressly waived by these persons.
and recommendation on the matter before the Any violation of this provision shall be imposed a
Commission makes a decision on any case. fine of not less than one million pesos
(PI,000,000.00) but not more than five million
pesos (P5,000,000.00).
Section 35. Leniency Program. – The entity that is likely to result in a sustainable
Commission shall develop a Leniency Program to conviction; and
be granted to any entity in the form of immunity
(3) The Commission determines that granting
from suit or reduction of any fine which would
leniency would not be unfair to others.
otherwise be imposed on a participant in an anti-
competitive agreement as provided in Section Such program shall include the immunity from
14(a) and 14(b) of this Act in exchange for the any suit or charge of affected parties and third
voluntary disclosure of information regarding parties, exemption, waiver, or gradation of fines
such an agreement which satisfies specific and/or penalties giving precedence to the entity
criteria prior to or during the fact-finding or submitting such evidence. An entity cooperating
preliminary inquiry stage of the case. or furnishing information, document or data to the
Commission in connection to an investigation
Immunity from suit will be granted to an entity
being conducted shall not be subjected to any
reporting illegal anti-competitive activity before a
form of reprisal or discrimination. Such reprisal or
fact-finding or preliminary inquiry has begun if the
discrimination shall be considered a violation of
following conditions are met:
this Act subject to the sanctions provided in this
(a) At the time the entity comes forward, the Act.
Commission has not received information about
Nothing in this section shall preclude prosecution
the activity from any other source;
for entities that report to the Commission false,
(b) Upon the entity’s discovery of illegal activity, it misleading, or malicious information, data or
took prompt and effective action to terminate its documents damaging to the business or integrity
participation therein; of the entities under inquiry as a violation of said
section. An entity found to have reported false,
(c) The entity reports the wrongdoing with candor
misleading or malicious information, data, or
and completeness and provides full, continuing,
document may be penalized by a fine not less
and complete cooperation throughout the
than the penalty imposed in the section reported
investigation; and
to have been violated by the entity complained of.
(d) The entity did not coerce another party to
The DOJ-OFC may likewise grant leniency or
participate in the activity and clearly was not the
immunity as provided in this section in the event
leader in, or the originator of, the activity.
that there is already a preliminary investigation
Even after the Commission has received pending before it.
information about the illegal activity after a fact-
Section 36. Nolo Contendere. – An entity charged
finding or preliminary inquiry has commenced,
in a criminal proceeding pursuant to Section 14(a)
the reporting entity will be granted leniency,
and 14(b) of this Act may enter a plea of Nolo
provided preceding conditions (b) and (c) and the
Contendere, in which he does not accept nor
following additional requirements are complied
deny responsibility for the charges but agrees to
with:
accept punishment as if he had pleaded guilty.
(1) The entity is the first to come forward and The plea cannot be used against the defendant
qualify for leniency; entity to prove liability in a civil suit arising from
the criminal action nor in another cause of
(2) At the time the entity comes forward, the action: Provided, That a plea of Nolo
Commission does not have evidence against the Contendere may be entered only up to
arraignment and subsequently, only with the
permission of the court which shall accept it only order would be in the interest of the public, the
after weighing its effect on the parties, the public Commission shall issue and serve upon such
and the administration of justice. entity or entities a written description of its
business conduct complained of, a statement of
Section 37. Non-Adversarial Remedies. — As an
the facts, data, and information together with a
implementing and enforcement policy, the
summary of the evidence thereof, with an order
Commission shall, under such rules and
requiring the said entity or entities to show cause,
regulations it may prescribe, encourage voluntary
within the period therein fixed, why no order shall
compliance with this Act and other competition
issue requiring such person or persons to cease
laws by making available to the parties concerned
and desist from continuing with its identified
the following and other analogous non-
business conduct, or pay the administrative fine
adversarial administrative remedies, before the
therein specified, or readjust its business conduct
institution of administrative, civil or criminal
or practices;
action:
(c) Consent Order. – At any time prior to the
(a) Binding Ruling. — Where no prior complaint or
conclusion by the Commission of its inquiry, any
investigation has been initiated, any entity that is
entity under inquiry may, without in any manner
in doubt as to whether a contemplated act,
admitting a violation of this Act or any other
course of conduct, agreement, or decision, is in
competition laws, submit to the Commission a
compliance with, is exempt from, or is in violation
written proposal for the entry of a consent order,
of any of the provisions of this Act, other
specifying therein the terms and conditions of the
competition laws, or implementing rules and
proposed consent order which shall include
regulations thereof, may request the
among others the following:
Commission, in writing, to render a binding ruling
thereon: Provided, That the ruling is for a specified (1) The payment of an amount within the range of
period, subject to extension as may be fines provided for under this Act;
determined by the Commission, and based on
(2) The required compliance report as well as an
substantial evidence.
entity to submit regular compliance reports;
In the event of an adverse binding ruling on an act,
(3) Payment of damages to any private
course or conduct, agreement, or decision, the
party/parties who may have suffered injury; and
applicant shall be provided with a reasonable
period, which in no case shall be more than ninety (4) Other terms and conditions that the
(90) days, to abide by the ruling of the Commission deems appropriate and necessary
Commission and shall not be subject to for the effective enforcement of this Act or other
administrative, civil, or criminal action unless the Competition Laws:
applicant fails to comply with the provisions of
this Act; Provided, That a consent order shall not bar any
inquiry for the same or similar acts if continued or
(b) Show Cause Order. — Upon preliminary repeated;
findings motu proprio or on written complaint
under oath by an interested party that any entity is (d) Monitoring of Compliance. – The Commission
conducting its business, in whole or in part in a shall monitor the compliance by the entity or
manner that may not be in accord with the entities concerned, their officers, and employees,
provisions of this Act or other competition laws, with the final and executory binding ruling, cease
and it finds that the issuance of a show cause and desist order, or approval of a consent
judgment. Upon motion of an interested direct otherwise upon such terms and conditions
party/parties, the Commission shall issue a it may deem just. In the appeal, the Commission
certification or resolution to the effect that the shall be included as a party respondent to the
entity or entities concerned have, or have not, as case.
the case may be, complied with a final and
Section 40. ‘Writ of Execution. – Upon the finality
executory ruling, order, or approval.
of its binding ruling, order, resolution, decision,
(e) Inadmissibility of Evidence in Criminal judgment, or rule or regulation, collectively, the
Proceedings. – The request for a binding ruling, the Commission may issue a writ of execution to
show cause order, or the proposal for consent enforce its decision and the payment of the
order; the facts, data, and information therein administrative fines provided in the preceding
contained or subsequently supplied by the entity sections.
or entities concerned; admissions, oral or written,
Section 41. Basic Necessities and Prime
made by them against their interest; all other
Commodities. – If the violation involves the trade
documents filed by them, including their evidence
or movement of basic necessities and prime
presented in the proceedings before the
commodities as defined by Republic Act No.
Commission; and the judgment or order rendered
7581, as amended, the fine imposed by the
thereon; shall not be admissible as evidence in
Commission or the courts, as the case may be,
any criminal proceedings arising from the same
shall be tripled.
act subject of the binding ruling, show cause order
or consent order against such entity or entities, Section 42. Immunity from Suit. – The
their officers, employees, and agents. Chairperson,the Commissioners, officers,
employees and agents of the Commission shall
Section 38. Contempt. — The Commission may
not be subject to any action, claim or demand in
summarily punish for contempt by imprisonment
connection with any act done or omitted by them
not exceeding thirty (30) days or by a fine not
in the performance of their duties and exercise of
exceeding one hundred thousand pesos (P
their powers except for those actions and
100,000.00), or both, any entity guilty of such
omissions done in evident bad faith or gross
misconduct in the presence of the Commission in
negligence.
its vicinity as to seriously interrupt any hearing,
session or any proceeding before it, including Section 43. Indemnity. – Unless the actionsof the
cases in which an entity willfully fails or refuses, Commission or its Chairperson, any of its
without just cause, to comply with a summons, Commissioners, officers, employees and agents
subpoena or subpoena duces tecum legally are found to be in willful violation of this Act,
issued by the Commission being present at a performed with evident bad faith or gross
hearing, proceeding, session or investigation, negligence, the Commission, its Chairperson,
refused to be sworn as a witness or to answer Commissioners, officers, employees and agents
questions or to furnish information when lawfully are held free and harmless to the fullest extent
required to do so. permitted by law from any liability, and they shall
be indemnified for any and all liabilities, losses,
Section 39. Appeals of the Decisions of the
claims, demands, damages, deficiencies, costs
Commission. – Decisions of the Commission
and expenses of whatsoever kind and nature that
shall be appealable to the Court of Appeals in
may arise in connection with the exercise of their
accordance with the Rules of Court. The appeal
powers and performance of their duties and
shall not stay the order, ruling or decision sought
functions.
to be reviewed, unless the Court of Appeals shall
The Commission shall underwrite or advance whose business act or conduct Constitutes the
litigation costs and expenses, including legal fees subject matter of a case, conducts its principal
and other expenses of external counsel, or place of business, shall have original and
provide legal assistance to its Chairperson, exclusive jurisdiction, regardless of the penalties
Commissioners, officers, employees, or agents in and fines herein imposed, of all criminal and civil
connection with any civil, criminal, administrative cases involving violations of this Act and other
or any other action or proceeding, to which they competition-related laws. If the defendant or
are made a party by reason of, or in connection anyone is charged in the capacity of a director,
with, the exercise of authority or performance of officer, shareholder, employee, or agent of a
duties and functions under this corporation or other juridical entity who knowingly
Act: Provided, That such legal protection shall not and willfully authorized the commission of the
apply to any civil, criminal, administrative, or any offense charged, the Regional Trial Court of the
action or proceeding that may be initiated by the city or province where such corporation or
Commission, against such Chairperson, juridical entity conducts its principal place of
Commissioners, officers, employees, or business, shall have jurisdiction.
agents: Provided, further, That the Chairperson,
Section 45. Private Action. – Any person who
Commissioners, officers, employees, or agents,
suffers direct injury by reason of any violation of
who shall resign, retire, transfer to another agency
this Act may institute a separate and independent
or be separated from the service, shall continue to
civil action after the Commission has completed
be provided with such legal protection in
the preliminary inquiry provided under Section31.
connection with any act done or omitted to be
done by them in good faith during their tenure or CHAPTER VIII
employment with the Commission: Provided, OTHER PROVISIONS
finally, That in the event of a settlement or
compromise, indemnification shall be provided Section 46. Statute of Limitations. — Any action
only in connection with such matters covered by arising from a violation of any provision of this Act
the settlement as to which the Commission is shall be forever barred unless commenced within
advised by counsel that the persons to be five (5) years from:
indemnified did not commit any negligence or • For criminal actions, the time the
misconduct. violation is discovered by the offended
The costs and expenses incurred in defending the party, the authorities, or their agents; and
aforementioned action, suit or proceeding may be • For administrative and civil actions, the
paid by the Commission in advance of the final time the cause of action accrues.
disposition of such action, suit or proceeding
upon receipt of an undertaking by or on behalf of Section 47. Prohibition on the Issuance of
the Chairperson, Commissioner, officer, Temporary Restraining Orders, Preliminary
employee, or agent to repay the amount advanced Injunctions and Preliminary Mandatory
should it ultimately be determined by the Injunctions. — Except for the Court of Appeals
Commission that one is not entitled to be and the Supreme Court, no other court shall issue
indemnified as provided in this section. any temporary restraining order, preliminary
injunction or preliminary mandatory injunction
Section 44. Jurisdiction of the Regional Trial against the Commission in the exercise of its
Court. – The Regional Trial Court of the city or duties or functions: Provided, That, this
province where the entity or any of the entities prohibition shall apply in all cases, disputes or
controversies instituted by a private party, Committees on Trade and Commerce, Economic
including, but not limited to, cases filed by entities Affairs, and Finance, the Chairpersons of the
or those claiming to have rights through such House of Representatives Committees on
entities: Provided, however, That, this prohibition Economic Affairs, Trade and Industry, and
shall not apply when the matter is of extreme Appropriations and two (2) members each from
urgency involving a constitutional issue, such that the Senate and the House of Representatives who
the non-issuance of a temporary restraining order shall be designated by the Senate President and
will result in grave injustice and irreparable injury the Speaker of the House of
to the public: Provided, further, That, the Representatives: Provided, That one (1) of the two
applicant shall file a bond, in an amount to be (2) Senators and one (1) of the two (2) House
fixed by the Court, but in no case shall it exceed Members shall be nominated by the respective
twenty percent (20%) of the imposable fines Minority Leaders of the Senate and the House of
provided for under Chapter VI, Section 29 of this Representatives. The Congressional Oversight
Act: Provided, finally, That in the event that the Committee shall be jointly chaired by the
court finally decides that the applicant was not Chairpersons of the Senate Committee on Trade
entitled to the relief applied for, the bond shall and Commerce and the House of
accrue in favor of the Commission. Representatives Committee on Economic Affairs.
The Vice Chairperson of the Congressional
Any temporary restraining order, preliminary
Oversight Committee shall be jointly held by the
injunction or preliminary mandatory injunction
Chairpersons of the Senate Committee on
issued in violation of this section is void and of no
Economic Affairs and the House of
force and effect. Any judge who violates this
Representatives Committee on Trade and
section shall be penalized by suspension of at
Industry.
least one (1) year without pay in addition to other
criminal, civil or administrative penalties. The Secretariat of the COCC shall be drawn from
the existing personnel of the Senate and House of
Section 48. Trade Associations. – Nothing
Representatives committees comprising the
contained in this Act shall be construed to
Congressional Oversight Committee.
prohibit the existence and operation of trade
associations organized to promote quality CHAPTER IX
standards and safety issues: Pi’ovided, That, FINAL PROVISIONS
these associations shall not in any way be used to
Section 50. Implementing Rules and Regulations.
justify any violation of this Act: Provided,
— Within one hundred eighty (180) days from the
however, That it shall not be illegal to use the
effectivity of this Act, the Commission, in
association as a forum to discuss or promote
consultation with the DOJ-OFC and concerned
quality standards, efficiency, safety, security,
sector regulators shall promulgate the necessary
productivity, competitiveness and other matters
implementing rules and regulations for the
of common interest involving the
implementation of this Act: Provided, That, the
industry: Provided, further, That such is done
Commission may revise such implementing rules
without any anti-competitive intent or effect.
and regulations as it deems necessary: Provided,
Section 49. Congressional Oversight however, That such revised implementing rules
Committee. – To oversee the implementation of and regulations shall only take effect fifteen (15)
this Act, there shall be created a Congressional days following its publication in two (2)
Oversight Committee on Competition (COCC) to newspapers of general circulation.
be composed of the Chairpersons of the Senate
Section 51. Appropriations and Use of Fees, adjudged by a court of competent jurisdiction to
Charges and Penalties. – The initial budgetary be invalid, such judgment shall not affect, impair
requirements of the Commission of three or invalidate the remainder of this Act, but shallbe
hundred million pesos (P300,000,000.00) is confined in its operation to the clause, sentence,
hereby appropriated. paragraph, section, or part thereof directly
involved in the controversy.
All fees, fines, penalties collected by the
Commission shall not be retained by the Section 55. Repealing Clause. – The following
Commission, but will be remitted to the National laws, and all other laws, decrees, executive
Treasury and shall accrue to the general funds. orders and regulations, or part or parts thereof
inconsistent with any provision of this Act, are
Such funds necessary for the continuous and
hereby repealed, amended or otherwise modified
effective operation of the Commission shall be
accordingly:
included in the annual General Appropriations
Act. (a) Article 186 of Act No. 3815, otherwise known
as the Revised Penal Code: Provided, That
Section 52. Transparency Clause. — Final
violations of Article 186 of the Revised Penal
decisions, orders and rulings of the Commission
Code committed before the effectivity of this Act
shall be published on the official website subject
may continue to be prosecuted unless the same
to Section 34 of this Act.
have been barred by prescription, and subject to
Records of public proceedings shall be made the procedure under Section 31 of this Act;
available to the public subject to Section 34 of
(b) Section 4 of Commonwealth Act No. 138;
this Act.1âwphi1
(c) Section 43(u) on Functions of the ERC of
Section 53. Transitional Clause. — In order to
Republic Act No. 9136, entitled "An Act Ordaining
allow affected parties time to renegotiate
Reforms in the Electric Power Industry, Amending
agreements or restructure their business to
for the Purpose Certain Laws and for Other
comply with the provisions of this Act, an existing
Purposes", otherwise known as the "Electric
business structure, conduct, practice or any act
Power Industry Reform Act of2001", insofar as the
that may be in violation of this Act shall be subject
provision thereof is inconsistent with this Act;
to the administrative, civil and criminal penalties
prescribed herein only if it is not cured or is (d) Section 24 on Illegal Acts of Price
continuing upon the expiration of two (2) years Manipulation and Section 25 on Penalty for Illegal
after the effectivity of this Act: Provided, That this Acts of Price Manipulation of Republic Act No.
section shall not apply to administrative, civil and 9502, entitled "An Act Providing for Cheaper and
criminal proceedings against anticompetitive Quality Medicines, Amending for the Purpose
agreement or conduct, abuse of dominant Republic Act No. 8293 or the Intellectual Property
position, and anti-competitive mergers and Code, Republic Act No. 6675 or the Generics Act
acquisitions, initiated prior to the entry into force of 1988, and Republic Act No. 5921 or the
of this Act: Provided, further, That during the said Pharmacy Law, and for Other Purposes",
two (2)-year period, the government shall otherwise known as the "Universally Accessible
undertake an advocac program to inform the Cheaper and Quabrty Medicines Act of 2008".
general public of the provisions of this Act. insofar as the provisions thereof are inconsistent
with this Act; and
Section 54. Separability Clause. – If any clause,
sentence, section or part of this Act shall be
(e) Executive Order No. 45, Series of 2011,
Designating the Department of Justice as the
Competition Authority, Department of Justice
Circular 005 Series of 2015, and other related
issuances, insofar as they are inconsistent with
the provisions of this Act.

Section [Link] 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.

Approved,

(Sgd.) FELICIANO (Sgd.) FRANKLIN M.

BELMONTE JR. DRILON
Speaker of the House President of the
of Representatives Senate

This Act which is a consolidation of Senate Bill

No. 2282 and House Bill No. 5286 was finally
passed by the Senate and the House of
Representatives on June 10, 2015.

(Sgd.) MARILYN B. (Sgd.) FRANKLIN M.

BARUA-YAP DRILON
Secretary General President of the
House of Senate
Representatives

Approved: JULY 21, 2015

(Sgd) BENIGNO S. AQUINO III

President of the Philippines