Antitrust and Competition Law
Republic Act No. 10667 or “An Act Providing for a National Competition Policy Prohibiting Anti-Competitive Agreements, Abuse of Dominant Position and Anti-Competitive Mergers and Acquisitions, Establishing The Philippine Competition Commission And Appropriating Funds Therefor”, the antitrust law of the Philippines took effect only sometime in 2015. Since its enactment, the practice area has emerged to become one of the most vibrant practice areas in commercial law. Initially focusing on merger control, the Philippine Competition Commission (“PCC”) has since branched out to provide complex rules and regulations applicable to enforcement activities including behavioral and structural remedies, leniency programs, among others.
Having been at the forefront of competition law practice since 2015, our lawyers provide sophisticated advice on compliance with merger regulations including but not limited to guidance on pre-merger exchanges of information at the due diligence stage of the project, proper sequencing of transaction steps to avoid violation of the rules on gun-jumping, and proactive advice on the likelihood of an extended review based on available market information. The Firm is able to provide advice on the management of, and compliance with information requirements of the PCC and market calls/investigations during Phase 0 to Phase 2 of the merger review of notifiable transactions.
In the field of antitrust enforcement/compliance, we counsel our clients if their business models, which may include innovative features including tying, bundling, exclusivity rebates or loyalty rewards schemes are likely to run afoul with competition regulations. We also provide sought-after advice on proper code of conduct for clients especially conglomerates that may be regarded as having a dominant position or collectively dominant position in their relevant market/s, or in a position to leverage on their dominance on neighboring/related market/s. For clients who may find themselves unwittingly or unwillingly ensnared into anticompetitive conduct or agreements in their industries, the Firm can provide advice on applications for leniency markers, compliance with the requirements to preserve such markers, and other relevant aspects of the leniency program of the PCC. For multinational companies with Philippine nexus facing antitrust enforcement action, the lawyers of the Firm have an international network of lawyers who stand ready to jointly manage any cross- border consequences of adverse findings of any antitrust authority.