Philippine competition commission (PCC) TITLE.

“Implementing Rules and Regulations of

 1 Chairperson Republic Act No. 10667
 4 commissioners
 At least 1 member of Philippine bar with at SCOPE.
least 10 years of experience - enforceable against any person, or entity
 At least 1 shall be an economist engaged in any trade, industry and
QUALIFICATIONS commerce in the PH
1. Resident citizen of the Ph - Applicable to international trade
2. good moral character Does not apply to:
3. recognized probity and independence
4. distinguished themselves in public, civic, or 1. Combination of activities of
academic service in any of the ff. fields (CLEEF): workers/employee
• Commerce - or accounting 2. Agreements with employers
• Law
• Engineering [ NOTE: Designed solely to facilitate collective
• Economic bargaining]
• Finance RULE 2. DEFINITION OF TERMS
5. Active practice of their profession for at least 10
yrs 1. “Acquisition” refers to the purchase or transfer
6. Not candidate for any elective national/ local of securities or assets, through contract or other
office in the immediately preceding elections means, for the purpose of obtaining control by:
Appointed by the president a. One (1) entity of the whole or part of
 Chairperson = cabinet secretary another;
 Commissioner = undersecretary b. Two (2) or more entities over another; or
 TERM: 7 yrs (without reappointment) c. One (1) or more entities over one (1) or more
 FIRST CHAIRPERSON: 7 YRS entities;
 FIRST 4 COMMISSIONERS 2. “Agreement” refers to any type or form of
 2 - 7yrs contract, arrangement, understanding, collective
 2 - 5yrs recommendation, or concerted action, whether
 QUORUM: 3 members formal or informal, explicit or tacit, written, or
RULE 1. TITLE AND SCOPE oral;
3. “Conduct” refers to any type or form of incorporated or not, domestic or foreign,
undertaking, collective recommendation, including those owned or controlled by the
independent or concerted action or practice, government, engaged directly or indirectly in
whether formal or informal; any economic activity;
4. “Commission” refers to the Philippine 9. “Joint venture” refers to a business
Competition Commission created under the Act; arrangement whereby an entity or group of
5. “Confidential business information” refers entities contribute capital, services, assets, or a
to information, which concerns or relates to the combination of any or all of the foregoing, to
operations, production, sales, shipments, undertake an investment activity or a specific
purchases, transfers, identification of customers, project, where each entity shall have the right to
inventories, or amount or source of any income, direct and govern the policies in connection
profits, losses, expenditures, which are not therewith, with the intention to share both
generally known to the public or to other profits and risks and losses subject to agreement
persons who can obtain economic value from its by the entities;
disclosure or use, or is liable to cause serious 10. “Market” refers to the group of goods or
harm to the person who provided it, or from services that are sufficiently interchangeable or
whom it originates, and is the subject of efforts substitutable and the object of competition, and
that are reasonable under the circumstances to the geographic area where said goods or
maintain its secrecy; services are offered;
6. “Control” refers to the ability to substantially 11. “Merger” refers to the joining of two (2) or
influence or direct the actions or decisions of an more entities into an existing entity or to form a
entity, whether by contract, agency or new entity, including joint ventures;
otherwise; 12. “Relevant market” refers to the market in
7. “Dominant position” refers to a position of which a particular good or service is sold and
economic strength that an entity or entities hold which is a combination of the relevant product
which makes it capable of controlling the market and the relevant geographic market,
relevant market independently from any or a defined as follows:
combination of the following: competitors, a. a relevant product market comprises all
customers, suppliers, or consumers; those goods and/or services which are
8. “Entity” refers to any person, natural or regarded as interchangeable or substitutable
juridical, sole proprietorship, partnership, by the consumer or the customer, by reason
combination or association in any form, whether
 of the goods and/or services’ characteristics,
their prices, and their intended use; and
b. the relevant geographic market
comprises the area in which the entity
concerned is involved in the supply and
demand of goods and services, in which the
conditions of competition are sufficiently
homogenous and which can be distinguished
from neighboring areas because the
conditions of competition are different in
those are
13. “Ultimate parent entity” is the juridical entity
that, directly or indirectly, controls a party to the
transaction, and is not controlled by any other
entity

RULE 3. PROHIBITED ACTS

SECTION 1. Anti-Competitive Agreements.
1. Anti-competitive agreement per se (as is)
prohibited:
a. Restricting competition as to price
b. Fixing price at an auction or in any form
of bidding
2. Substantially prevent/ restrict/ lessen
competition:
a. setting, limiting or controlling production,
markets, tech development or investment.
b. Dividing or sharing the market