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Bar Exam Notes

/ Bar Exam Notes

In this microsite, the Philippine Competition Commission (PCC) has assembled information that would better equip law graduates or bar examinees with the knowledge of Republic Act No. 10667, or the Philippine Competition Act (PCA), and help prepare them for the Bar examinations. As such, the information is organized using the outline contained in Supreme Court Bar Bulletin No. 7, series 2020.

SCOPE AND APPLICATION OF THE PHILIPPINE COMPETITION ACT

WHAT IS THE PHILIPPINE COMPETITION ACT?

The PCA is the primary law in the Philippines enacted to promote and protect market competition. The law defines, prohibits, and penalizes anti-competitive practices, with the aim of enhancing economic efficiency and promoting free and fair competition in trade, industry, and all commercial economic activities. Its key prohibitions include entering into anti-competitive agreements, abusing a dominant market position, and forming anti-competitive mergers and acquisitions (M&As).

For the declaration of policy, see 

PCA Chapter 1, Section 2.

For the definition of terms used in the law, see

 Section 4.

WHO AND WHAT ARE COVERED BY THE PHILIPPINE COMPETITION ACT?

The PCA covers any person or entity engaged in trade, industry, and commerce in the Philippines. The law also applies to international trade that may impact trade, industry, and commerce in the country. The law, however, does not apply to collective bargaining agreements or arrangements between workers and employers and activities to facilitate collective bargaining agreements in respect of conditions of employment.

For more information, see 

PCA Chapter 1, Section 3.

and 

Chapter 8, Section 48

Prohibited Acts: Anti-Competitive Agreements

Powers and Functions of the Philippine Competition Commission

Prohibited Acts: Abuse of Dominant Position

Prohibited Acts: Anti-Competitive Mergers & Acquisitions

Covered Transactions

Determining the Relevant Market

Determining the Existence of Anti-Competitive Conduct

Forbearance

For a copy of the Philippine Competition Act and its Implementing Rules and Regulations, click 

here

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