Journal of Antitrust Enforcement, 2017, 0, 1–44 doi: 10.1093/jaenfo/jnx014 Article Competition law in the Philippines: economic, legal, and institutional context Mel Marquis* ABSTRACT Where democracy is fragile and institutions function poorly, particularly in a develop- ing country, competition law faces tremendous challenges. Getting a new agency started and getting the traction needed to ensure the successful launch and implemen- tation of a new competition framework cannot be taken for granted. Yet the effort is worthwhile, even if a country has had a history of ‘false dawns’ in this policy field. This article introduces the new competition regime in the Philippines. From a general per- spective 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 dis- cussed 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 com- petition law and policy is then analysed at length. The substance of the Act, the en- forcement 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 most difficult tasks of imple- mentation and deep culture change. KEYWORDS: Philippines, competition law, antitrust, competition law institutions, economic development, developing country JEL CLASSIFICATIONS: K21, K23, L40, L50, O10, O43
* PhD, LLM, JD, BA. The author is Part-Time Professor of Law at the European University Institute in Florence; Professore a contratto at LUMSA University in Rome; and Senior Fellow (2017) at the University of Melbourne Law School. He is grateful to Graciela Base, El Cid Butuyan and two anonymous reviewers for insightful feedback that contributed to improvements of an earlier draft. The usual disclaimer applies. The law is current as of May 2017. For correspondence, please e-mail the author at: [email protected].
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