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Competition Law in the Philippines: Economic, Legal and Institutional Context

Journal of Antitrust Enforcement, 2017 (advance access), 1-44, DOI: 10.1093/jaenfo/jnx014

Posted: 18 Oct 2017  

Mel Marquis

European University Institute - Department of Law (LAW)

Date Written: August 14, 2017

Abstract

Where democracy is fragile and institutions function poorly, particularly in a developing country, competition law faces tremendous challenges. Getting a new agency started and ensuring the successful launch and implementation of a new competition law framework cannot be taken for granted. Yet the effort and resource commitments must be made. This article introduces the new competition regime in the Philippines. From a general perspective it recalls that while competition law does not by itself guarantee sustainable and inclusive growth and development, it is a desirable part of a broader ensemble of policies that can promote those aims. In more country-specific terms, the new law discussed here—the Competition Act 2015, fully effective since the summer of 2017—can only be properly considered by understanding the Philippines itself. The article therefore surveys the country’s governance and institutions; its economy; and the roles of the rule of law and the courts. The legal and institutional framework specific to competition law and policy is then analysed at length. The substance of the Act, the enforcement and sanctioning powers of the Philippine Competition Commission, and relevant legal procedures are all examined. Now that the legislator has established a promising statutory framework, it is time to focus on the difficult tasks of implementation and deep culture change.

Keywords: Philippines, competition law, antitrust, competition law institutions, economic development, developing country

JEL Classification: K21, K23, L40, L50, O10, O43

Suggested Citation

Marquis, Mel, Competition Law in the Philippines: Economic, Legal and Institutional Context (August 14, 2017). Journal of Antitrust Enforcement, 2017 (advance access), 1-44, DOI: 10.1093/jaenfo/jnx014. Available at SSRN: https://ssrn.com/abstract=3055028

Mel Marquis (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese, 156 (Villa Salviati)
Florence, Florence 50139
Italy

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