Senate anti-trust forum provides key trade insights

Senate anti-trust forum provides key trade insights

Metrofile, The Daily Tribune, 27 February 2011

"02/27/2011

Senators from the committee on trade and commerce invited noted experts from a variety of fields to share valuable insights on existing anti-trust practices in the country. According to Sen. Manny Villar, the need for such a forum cannot be overstated. “We need to cover all the bases by conducting public hearings and hosting a series of lectures, so we may all understand the intent of the law and its benefits,” he pointed out. The proposed anti-trust law seeks to penalize unfair trade and anti-competitive practices in restraint of trade, unfair competition and abuse of dominant power. Consequently, it intends to encourage competition in the market place, which will help reduce prices and increase the quality of products and services. “Our committee is dead-set on passing the bill,” Villar further noted. The senators listened to the resource speakers who provided key inputs that are expected to make the final version of the law more effective. Among them were Undersecretary Zenaida Maglaya of the Department of Trade and Industry, lawyer Anthony Abad from the Ateneo Center for International Economic Law, and prominent lawyer and consumer advocate Lorna Patajo-Kapunan. After her presentation, a number of local distributors of a multinational corporation (MNC) from the audience approached Kapunan and the senators who were in attendance. It was learned later on that these distributors were driven to bankruptcy by what they deemed to be grossly unfair practices of this MNC. “This is precisely why we need carefully-worded and well-crafted legislation,” Kapunan said in response. “Our current laws not only allow our local businessmen to be bullied and exploited, but the level of leniency actually encourages it,” she emphasized. The committee is also tackling related bills on anti-trust legislation, namely, the Competition Act of 2010, co-authored by Senate President Juan Ponce Enrile and Senators Ralph Recto and Antonio Trillanes IV, Senate Bill 123, authored by Sen. Sergio Osmeña III, Senate Bill 1838 filed by Sen. Miriam Defensor Santiago, and Senate Proposed Resolution 123 urging inquiry into cartels and monopolies sponsored by Villar."

Original article appears on Tribune Online here.

Senators at anti-trust public forum

Image source: Philippine Senate official website/ PRIB Photo by Albert Calvelo/ 10 February 2011

"ANTI-TRUST FORUM: Senate President Juan Ponce Enrile, together with Sen. Manny Villar, chair of the committee on Trade and Commerce, attend the second day of “Understanding Anti-Trust”, a forum presented by the Committees on Trade and Commerce, Economic Affairs and the Special Oversight Committee on Economic Affairs. Also in photo is Senate Deputy Secretary for Legislation, Atty. Edwin B. Bellen. (PRIB Photo by Albert Calvelo/10 Feb 2011) "
(Original photo release with text appears here).

*Resource speakers for the Senate anti-trust public forum were Usec Zenaida Malaya of the Department of Trade and Industry, Atty. Anthony Abad, and Atty. Lorna Patajo-Kapunan.

Villar holds series of forum on Anti-trust law

Original article appears here.

"Villar holds series of forum on Anti-trust law
Press Release
February 10, 2011

Sen. Manny Villar today hosted the second installment of a series of discussion to better understand the anti-trust law now being studied by the Committee on Trade and Commerce. "I would like to cover all the bases by conducting public hearings and hosting this series of lecture so we may all understand the intent of the law and its benefits," Villar said.

The proposed Antitrust law seeks to penalize unfair trade and anti-competitive practices in restraint of trade, unfair competition and abuse of dominant power.

Villar said the law will encourage competition in the market place which will help reduce prices and increase the quality of products or services and gave the assurance that his committee is dead set on passing the bill.

Usec. Zenaida Maglaya of the Department of Trade and Industry gave a presentation expounding on the need for an antitrust law in the country during "Lecture II: Understanding Antitrust" held Thursday morning at the Recto Room.

Maglaya underscored the need to enact a Competition/Antitrust Law to promote investment and facilitate trade among neighboring countries.

Atty. Anthony Abad, managing director, Trade Advisory Services/ Ateneo Center for International Economic Law explained the United Nations Conference on Trade and Development (UNCTAD) Model for Antitrust Law while Atty. Lorna Patajo-Kapunan presented a critique on existing legislations on antitrust.

Abad said it is fortunate that the 15th Congress is prioritizing the Antitrust bill, as this is one piece of legislation that will have a transformative effect on the way business is done in the country.

For her part, Kapunan recognizes that there are antitrust provisions scattered in different laws like the Revised Penal Code, New Civil Code, Consumer Act of the Philippines, etc. but argued that these provisions do not provide for clear-cut guidelines or evidence to determine whether an act constitutes unfair competition, monopolistic behavior or restraint of trade.

Reactions on the presentations were given by Atty. Geronimo Sy, assistant secretary, Department of Justice; Atty. Rod Libunao, legal counsel, Chevron Philippines; Mr. Reiner Aaron Villasenor, student leader, San Beda College; and Atty. Jose Cabrera, governor, Integrated Bar of the Philippines.

Villar said the country needs a comprehensive antitrust law that will complement the prevailing economic conditions and put in place the atmosphere for companies to deliver better goods and services to consumers.

"We need this law because we want to prohibit anti-competitive practices like monopolies and cartels," he added.

The first forum was held last week where Senate President Juan Ponce Enrile, who co-authored with Sens. Ralph Recto and Antonio Trillanes IV Senate Bill No. 1 or the Competition Act of 2010, shared his insights on the matter.

The committee is also tackling related bills on antitrust legislation namely, SB 123 authored by Sen. Sergio Osmena III, SB 1838 filed by Sen. Miriam Defensor Santiago and Senate Proposed Resolution No. 123 urging inquiry on cartels and monopolies sponsored by Villar."