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Competition law practice is fairly new in the Philippines, given the enactment of the Philippine Competition Act last year and the recent issuance of its implementing rules and regulations. There is dearth of jurisprudence or issuance that may guide in the application of this fairly recent piece of legislation.

Thus, we decided to share our thoughts on the salient points of the law and the emerging issues, in light of the first-hand accounts of Francis in what transpired during the Congressional (including Bicameral Conference Committee) deliberations of the law, and the fresh perspective of Eric, who had the opportunity to study competition law as applied in other jurisdictions. We do not claim expertise, in the same manner we do not think anyone in the Philippines can claim such expertise, in this highly specialized and technical field of law and economics.

As lawyers, we present our views following the critical review of the law and the interplay of its numerous provisions and its implementing rules and regulations, in light of our said experiences and knowledge of Philippine law and jurisprudence. Effectively, this is a collaboration of the views of an “insider” and “outsider.” Whether our views reflect the proper application of the law is for the courts to ascertain, given the interplay of both intrinsic and extrinsic aids of construction, some of which are presented in this work. We consider them to be our valuable contribution to the development of this budding practice, regardless whether the Philippine Competition Commission, the courts and eventually the Supreme Court adopt or reject them. Whatever views we have or discussions in this work do not bind ACCRALAW or any of our partners in regard to cases that they are handling or will handle in the future. Our views may also change, considering developments in practice and jurisprudence. We take responsibility for any error or omission in this work. We appreciate feedback on such error or omission so we can rectify and possibly reflect them in this work’s future revision.

We recognize this work is by no means complete. Various aspects of the law need further discussions, which hopefully we could capture in similar works in the future considering later experiences, issuances, administrative and court interpretations. For the time being, we hope this will be a useful guide to the affected parties in general, and the practitioners in particular, the Philippine Competition Commission, the courts and eventually the Supreme Court in implementing and/or applying this relatively new piece of legislation.

We divided this work into eight (8) chapters, and presented the relevant provisions and possible issues in the form of questions and answers. We likewise attached as annexes, for easy reference, the text of the law and the implementing rules and regulations.

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