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Institutional Design of Philippine Competition Law

Part Name
Institutional Design of Philippine Competition Law
Alizedney M. Ditucalan
Publication Year
Vol. 8 Issue. 1, 2018
Institutional design; Philippine; competition law; enforcement
After twenty-five years in the legislative mill, the Philippine Competition Act
(PCA) was enacted into law in 2015, which established a national competition
authority. But whether this law will truly change the landscape of competition
in the market is an ambitious antitrust vision that requires years of
competition law enforcement. On top of that, it demands for consideration and
balancing of several competing norms and values within a well-designed
competition law institution.
This study looks into the institutional design of the PCA vis-à-vis the presence
of the “structure and design” of the normative criteria or values, which are
considered the institutional prerequisites for an effective competition law
enforcement regime. The institutional evaluation of the design and structure
of the Philippine competition enforcement regime suggests that the normative
criteria of designing competition law institution are formally embedded in the
provisions of the PCA. Independence, accountability, transparency, and
confidentiality are expressly entrenched in the language of the law. Relevant
expertise in the discipline of competition law is considered in the selection of
the personnel of the Philippine Competition Commission (PCC). The
normative criteria or values appear to be formally implanted in the PCC’s
institutional design, an advantage of legal transplant that a new competition
authority enjoys during its conceptualization and designing. Of course, the
overall institutional design of the PCC is not without shortcomings, which
require congressional amendments.
Table Of Contents
I. Introduction
II. Philippine Competition Laws: Then and Now
A. The First Regime: The Revised Penal Code
III. The Institutional Design of Philippine Competition Law
A. The Philippine Competition Act (Rep. Act No. 10667)
IV. Institutional Design Analysis
A. Independence
B. Accountability
C. Transparency
D. Confidentiality
E. Predictability
V. Conclusion
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