Phillipines (1992): Difference between revisions
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New page: '''Score = 7''' ''Governed by:'' The Price Act: Republic Act No. 7581 of 1992 (hereinafter referred to as “Price Act’) , the 1987 Constitution (hereinafter referred to as “Constitut... |
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'''Score = | '''Score = 8''' | ||
''Governed by:'' The Price Act: Republic Act No. 7581 of 1992 (hereinafter referred to as “Price Act’) , the 1987 Constitution (hereinafter referred to as “Constitution”), Act to Prohibit Monopolies and Combinations in Restraint of Trade: Republic Act No. 165 (hereinafter referred to as “Monopoly Act”).<ref>http://www.business.gov.ph/uploads/files/Forms_File_1104836613_RA7581.pdf</ref> | ''Governed by:'' The Price Act: Republic Act No. 7581 of 1992 (hereinafter referred to as “Price Act’) , the 1987 Constitution (hereinafter referred to as “Constitution”), Act to Prohibit Monopolies and Combinations in Restraint of Trade: Republic Act No. 165 (hereinafter referred to as “Monopoly Act”).<ref>http://www.business.gov.ph/uploads/files/Forms_File_1104836613_RA7581.pdf</ref> | ||
Latest revision as of 16:49, 25 September 2007
Score = 8
Governed by: The Price Act: Republic Act No. 7581 of 1992 (hereinafter referred to as “Price Act’) , the 1987 Constitution (hereinafter referred to as “Constitution”), Act to Prohibit Monopolies and Combinations in Restraint of Trade: Republic Act No. 165 (hereinafter referred to as “Monopoly Act”).[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | §15 of the Price Act imposes fines and imprisonment for illegal price manipulation. |
| Prison Sentences | 1 | §15 of the Price Act imposes fines and imprisonment for illegal price manipulation. | |
| Divestitures | 0 | ||
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 1 | The Monopoly Act allows for the collection of damages arising from unfair competition.[2] | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 0 | ||
| Pre-merger | 0 | ||
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 0 | |
| Restriction of Competition | 1 | Article XII §19 of the Constitution has been interpreted to per se prohibit combinations in restraint of trade.[3]. | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 1 | Article XII, §19 of the Constitution prohibits monopolies that go against the public interest.[4] | |
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | §5(1) of the Price Act prohibits hoarding and profiteering. |
| Abusive Acts | 0 | ||
| Price Setting | 0 | ||
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | §5(3) of Price Act prohibits cartels artificially increasing prices. |
| Tying | 0 | ||
| Market Division | 0 | ||
| Output Restraint | 1 | Section 5 prohibits hoarding arrangements. | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 0 |