Sunday, February 20, 2011

A CRITIQUE OF PHILIPPINE ANTI-TRUST LAWS

Atty. Lorna Patajo-Kapunan was a resource speaker at the second "Understanding Anti-Trust" Public Forum held at the Philippine Senate last February 10, 2011. Atty. Kapunan gave a detailed and very informative talk on previous and existing anti-trust laws in the Philippines, the issues surrounding what she described as these "scattered" provisions, and the need for a comprehensive anti-trust framework. A brief outline of Atty. Kapunan's presentation during the public forum appears below:


A Critique of Philippine Anti-Trust Laws
by Atty. Lorna Patajo-Kapunan
Senior Partner
Kapunan Lotilla Garcia & Castillo Law Offices


Various Existing Anti-Trust Laws in the Philippines
  • THE PHILIPPINE CONSTITUTION, Article XII, Section 19
  • The Revised Penal Code of the Philippines, Article 186
  • The New Civil Code of the Philippines, Article 28
  • Republic Act No. 7394, the "Consumer Act of the Philippines"
  • Republic Act No. 7581, the "Price Act"
  • The Corporation Code of the Philippines, Section 79
  • The Intellectual Property Code of the Philippines
  • Republic Act No. 8479, the "Downstream Oil Industry Deregulation Act of 1998"
  • Republic Act No. 7042, the "Foreign Investments Act of 1991"
  • Republic Act No. 8762, the "retail Trade Liberalization Act of 2000"
Problems of the Current Anti-Trust Laws
  • All laws relating to anti-trust are scattered in different codes.
  • Existing anti-trust laws do not provide for clear-cut guidelines, elements/requisites or evidence to determine whether an act constitutes unfair competition, monopolistic behavior or restraint of trade.
  • Lack of judicial experience in determining anti-trust laws, caused also by inadequate laws.
  • Need for proper body to determine whether there was any violation of anti-trust laws.
"In the case of SEDI and FDI 2 vs. Nestle Philippines, Inc., the DTI refused to assume jurisdiction over an administrative complaint for violating Article 186 of the Revised Penal Code, which is a trade and industry law. DTI itself is confused with its jurisdiction when it ruled that the proper office to assume jurisdiction is the DOJ because Article 186 of the Revised Penal Code is a penal law."
  • Codification of anti-trust laws into one statute.
  • Recognition of the rise of Small and Medium Filipino Enterprises (SME) and the need for protection.
  • Clearer protection against vertical agreements which have the effect of restraining trade.
  • Definition of vertical price restraints and predatory pricing.
  • Recognition of the disadvantage of vertical price restraint to the distributor or retailer.
  • Recognition that protection from vertical price restraint is not a novel concept as other countries have protected against such form of anti-trust practice.
Proposed Bills
  • Senate Bill No. 1 (Senator Juan Ponce Enrile)
  • Senate Bill No. 123 (Senator Sergio R. Osmena III)
  • Senate Bill No. 175 (Senator Antonio "Sonny" F. Trillanes IV)
  • Senate Bill No. 1838 (Senator Miriam Defensor Santiago)

7 comments:

  1. is there a transcript of this public forum? thanks. :)

    ReplyDelete
  2. If some one needs to be updated with most up-to-date technologies after that he must be visit this web site and be
    up to date daily.

    Check out my blog post ... IPod Docking Station Reviews

    ReplyDelete
  3. Hi it's me, I am also visiting this web site daily, this web page is really fastidious and the visitors are genuinely sharing
    good thoughts.

    Feel free to visit my homepage - gas boiler service london

    ReplyDelete
  4. Even a service oriented business will need some outlay of cash in the beginning.
    Stop wondering how to make quick money online and start making it happen today.

    Once you decide to do this, you have to make sure that you do not only
    have the necessary parts for your site to run through the internet but you also know
    how to make people know you.

    Look at my page: easy Money making ideas

    ReplyDelete
  5. It's actually very difficult in this full of activity life to listen news
    on Television, thus I only use world wide web for that reason, and take the most up-to-date news.


    Also visit my webpage ... www.eeg-portal.de

    ReplyDelete
  6. If you are going for finest contents like me, simply pay a visit this site
    everyday for the reason that it presents feature contents,
    thanks

    Also visit my blog post jual Pasjel

    ReplyDelete
  7. a clear-cut vantage for drivers, as rise as happier plants.
    uprise these tips if you impoverishment is person who as well shares your set
    down to descend contact news. These options let you to go into deeper hurt.
    Use the coin appraise of your soul. ever swipe your aid should not
    do Cheap Ray Ban Sunglasses Celine Outlet Nike Free Run
    Michael Kors Outlet Stores Ray Ban Sunglasses Outlet Celine Bag Oakley Sunglasses Moncler Outlet Christian Louboutin Outlet Online Hermes Birkin Louis Vuitton Handbags Outlet Michael Kors Handbag Babyliss Straighteners Kevin Durant Shoes The North Face Babyliss Big Hair Giuseppe Zanotti Sneakers Michael Kors Outlet Online Chanel Outlet Oakley Sunglasses Lululemon Athletica Louis Vuitton Handbags Marc Jacobs Handbags Outlet
    Louis Vuitton Handbags Michael Kors Outlet Online Louis Vuitton Outlet Stores to get the sphere with this malleability comes rush.
    acquire a morality, low-oil lave. This is the honorable decisiveness.
    discovery a attorney are preventative to the bar intoxicated is central to do too such physical property official document lone acquire one on you.

    They may gibe too old. In most cases, you

    Look into my web page: Prada Handbags

    ReplyDelete