Article 40Supplement v1, p. 40

COMMERCIAL LAWS SUPPLEMENT

Section 51. Appropriations and Use of Fees, Charges and

Penalties. – The initial budgetary requirements of the

Commission

of

three

hundred

million

pesos

(P300,000,000.00) is hereby appropriated.

All fees, fines, penalties collected by the Commission shall

not be retained by the Commission, but will be remitted

to the National Treasury and shall accrue to the general

funds.

Such funds necessary for the continuous and effective

operation of the Commission shall be included in the

annual General Appropriations Act.

Section

52. Transparency Clause. — Final decisions,

orders and rulings of the Commission shall be published

on the official website subject to Section 34 of this Act.

Records of public proceedings shall be made available to

the public subject to Section 34 of this Act.

Section 53. Transitional Clause. — In order to allow

affected

parties

time

to

renegotiate

agreements

or

restructure their business to comply with the provisions

of

this

Act, an existing business structure, conduct,

practice or any act that may be in violation of this Act

shall be subject to the administrative, civil and criminal

penalties prescribed herein only if it is not cured or is

continuing upon the expiration of two (2) years after the

effectivity of this Act: Provided, That this section shall not

apply to administrative, civil and criminal proceedings

against anti -competitive agreement or conduct, abuse of

dominant position, and anti-competitive mergers and

acquisitions, initiated prior to the entry into force of this

Act: Provided, further, That during the said two (2)-year

period, the government shall undertake an advocacy

program to inform the general public of the provisions of

this Act.

Section 54. Separability Clause. – If any clause, sentence,

section or part of this Act shall be adjudged by a court of

competent jurisdiction to be invalid, such judgment shall

not affect, impair or invalidate the remainder of this Act,

but shall be confined in its operation to the clause,

sentence, paragraph, section, or part thereof directly

involved in the controversy.

Section 55. Repealing Clause. – The following laws, and

all other laws, decrees, executive orders and regulations,

or part or parts thereof inconsistent with any provision of

this Act, are hereby repealed, amended or otherwise

modified accordingly:

(a) Article 186 of Act No. 3815, otherwise known as the

Revised Penal Code: Provided, That violations of Article

186 of the Revised Penal Code committed before the

effectivity of this Act may continue to be prosecuted

unless the same have been barred by prescription, and

subject to the procedure under Section 31 of this Act;

(b) Section 4 of Commonwealth Act No. 138;

(c) Section 43(u) on Functions of the ERC of Republic Act

No. 9136, entitled "An Act Ordaining Reforms in the

Electric

Power

Industry,

Amending

for

the

Purpose

Certain Laws and for Other Purposes", otherwise known

as the "Electric Power Industry Reform Act of 2001",

insofar as the provision thereof is inconsistent with this

Act;

(d) Section 24 on Illegal Acts of Price Manipulation and

Section

25

on

Penalty

for

Illegal

Acts

of

Price

Manipulation of Republic Act No. 9502, entitled "An Act

Providing for Cheaper and Quality Medicines, Amen ding

for the Purpose Republic Act No. 8293 or the Intellectual

Property Code, Republic Act No. 6675 or the Generics Act

of 1988, and Republic Act No. 5921 or the Pharmacy Law,

and

for

Other

Purposes",

otherwise

known

as

the

"Universally Accessible Cheaper and Quality Medicines

Act

of

2008".

insofar

as

the

provisions

thereof

are

inconsistent with this Act; and

(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 56. Effectivity 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.

Rules and Regulations Implementing

the Philippine Competition Act

May 31, 2016

RULES AND REGULATIONS TO IMPLEMENT THE

PROVISIONS OF REPUBLIC ACT NO. 10667 (PHILIPPINE

COMPETITION ACT)

To effectively carry out the provisions of Republic Act No.

10667 ,

or

the

Philippine

Competition

Act

(Act), the

Philippine Competition Commission, pursuant to the

powers vested in it under said Act, hereby issues, adopts

and promulgates the following rules and regulations. The

Commission may revise and supplement these rules and

regulations and issue related guidelines, circulars and

other subsidiary issuances as it deems necessary for the

effective implementation of the various provisions of this

Act.

RULE 1 Title and Scope

SECTION 1. Title. —

These rules and regulations shall be referred to as the

"Implementing Rules and Regulations of Republic Act No.

10667 " (Rules).

SECTION 2. Scope. —

(a) These Rules shall apply to any entity engaged in trade,

industry or commerce in the Republic of the Philippines

or in international trade, industry or commerce having

direct, substantial and reasonably foreseeable effects in

the Philippines, including those that result from acts

done outside the territory of the Philippines.

(b) These Rules shall not apply to the combinations or

activities of workers or employees nor to agreements or

arrangements

with

their

employers

when

such

combinations, activities, agreements, or arrangements

are designed solely to facilitate collective bargaining in

respect of conditions of employment.

RULE 2 Definition of Terms

The following definition of terms shall apply for purposes

of these Rules:

(a) "Acquisition" refers to the purchase or transfer of

securities or assets, through contract or other means, for

the purpose of obtaining control by:

(1) One (1) entity of the whole or part of another;

(2) Two (2) or more entities over another; or

(3) One (1) or more entities over one (1) or more entities;

(b) "Agreement" refers to any type or form of contract,

arrangement,

understanding,

collective

recommendation, or concerted action, whether formal or

informal, explicit or tacit, written, or oral;

(c) "Conduct" refers to any type or form of undertaking,

collective recommendation, independent or concerted

action or practice, whether formal or informal;

(d) "Commission" refers to the Philippine Competition

Commission created under the Act;

(e)

"Confidential

business

information"

refers

to

information, which concerns or relates to the operations,

production,

sales,

shipments,

purchases,

transfers,

identification of customers, inventories, or amount or

© Compiled by RGL

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