1. How Can Competition Benefit Our Daily Lives 04 November 2014 Diamond Hotel, Manila Ruth U. Tan Office for Competition Department of Justice State of Competition Regime in the Philippines Competition Advocacy Forum

2. 30+ Competition laws Sectoral approach to CPL implementation 60+ Sector regulators “Advocacy + Enforcement”

3.  1987 Constitution  Act 3247  Act 3247 (1925) –treble damages  Act 3815  Act 3815 (1932)- RPC on monopolies & combination in restraint of trade; machinations in public auction  RA No. 7581  RA No. 7581 (1992) – Price Act  RA No. 8479 (1998) -  RA No. 8479 (1998) - downstream oil industry Current Laws

4.  RA No. 4152 (1964) vest SOJ with legal and enforcement duties in competition “study all laws relating to trusts, monopolies and combinations; to draft such legislation as may be necessary to up-date of revise existing laws to enable the Government to deal more effectively with monopolistic practices and all forms of trusts and combination in restraint of trade or free competition and/or tending to bring about non-competitive prices of articles of prime necessity; to investigate all cases involving violations of such laws; to initiate and take such preventive measures, including appropriate judicial proceedings, to prevent or restrain monopolization and allied practice or activities or activities of trust, monopolies and combinations.” Current Laws

5.  Designated DOJ as competition authority of the Philippines  Created the OFC  Did not diminish power of sector regulators  Relationship with SRs is governed by a framework for concurrent application of CL EO 45 (2011)

6.  Guidelines governing relationship with SR  Operational relationship  Notification & referral procedure  Complaints handling  Exchange of information  Delineation:  SR – Technical & economic regulation  OFC – Competition enforcement; exceptions  Fundamentals of Cooperation EO 45 (2011)

7.  Challenges, Legal  Scattered  Provision on mergers, abuse of dominance  Largely criminal  Challenges, Enactment  What are the chances in the 16 th Congress?  Political commitment  Support (business, academe, legislators)  ASEAN commitment Legislative Initiatives