Young lawyers' group hail EO 45

MANILA, Philippines - The Young Lawyers in Support of Antitrust Law, together with a number of Filipino distributors and noted lawyer and anti-trust crusader Lorna P. Kapunan, hailed the Aquino government’s signing of Executive Order 45. This EO has effectively given the Department of Justice (DOJ) full jurisdiction over matters pertaining to competition and fair trade practices among corporations operating in the country.

“President Aquino assured Filipinos that the matter of monopolies and corporate bullying tactics was one of the first issues that he would look into,” recalled Kapunan. “By signing this Executive Order, he has shown that he is taking active steps to back up that promise.”

The highlight of EO 45 is the creation of the Office for Competition (OC) under the DOJ, whose mandate is to investigate and prosecute all anti-trust violations. Moreover, the OC is tasked to “enforce competition policies and laws to protect consumers” and “supervise competition in the markets by ensuring that prohibitions and requirements of competition laws are adhered to.”

In order to round out its assignment, the OC must likewise “monitor and implement measures to promote transparency and accountability in markets” and “prepare, publish and disseminate studies and reports on competition to inform and guide the industry and consumers.”

“Finally, Filipino entrepreneurs who are beleaguered by the unfair business practices of giant conglomerates will now know exactly where they should seek help,” Kapunan noted. She recalled how several Filipino distributors who were driven to bankruptcy by the alleged predatory pricing maneuvers of a large multinational corporation went to the Department of Trade and Industry (DTI) to file their complaints.

However, after conceding that their grievances had superior merit, the DTI dismissed the cases, citing the department’s lack of jurisdiction.

“Now that it is clear which agency has jurisdiction, I am certain that more Filipino distributors will take action against exploitation by multinationals,” Kapunan concluded.

A number of pending legislative bills are in collaboration with EO 45, most of which are intended to improve our current laws on monopolistic behavior, predatory pricing, and the restraint of trade.

In the Senate, there is Senate Bill 1 (“The Competition Act of 2010”) authored by Senate President Juan Ponce Enrile, and Senate Bill 123 (“The Fair Trade Act of 2010”) authored by Sen. Sergio Osmeña.

There are 12 anti-trust bills in the House of Representatives, among which is House Bill 4835 (“The Philippine Fair Competition Act of 2011”) authored by Rep. Rufus Rodriguez.