18 - Philippine Competitive Act

Prohibited Acts

One. Anti-Competitive Agreements

· Agreements substantially preventing, restricting, lessening competition

· Competitors do not include entities under common control, with common economic interests, not able to act independently of each other

· Defense:

· If transaction improves the production or distribution of goods and services, or promotes technical or economic progress, while allowing consumers a fair share of the benefits

· If gains in efficiency are greater than the effects on limitation

a. Price Fixing o Competitors collude to fix prices rather than allow prices to be determined by market forces o Per se prohibited o Restricting competition as to price and/or other components of trade