The enactment of Philippine Competition Act or Republic Act 10667 signifies the new era in Philippine landscape. It will help in promoting competition thru elimination monopolies, cartels and other unfair business practices that run against consumers welfare.
These notes are not made by me. this is made by a different group in my class. these notes were provided for everyone in the class as part of our group project.
I am merely sharing these notes to supplement other students in learning the subject.
These notes are not made by me. this is made by a different group in my class. these notes were provided for everyone in the class as part of our group project.
I am merely sharing these notes to supplement other students in learning the subject.
National Webinar at the Centre for Corporate and Competition Law at Symbiosis Law School, Hyderabad on the topic ”Abuse of Dominance in Competition Law” on 27th August, 2021 by Shri Dhanendra Kumar, 1st Chairperson, Competition Commission of India (CCI).
Competition Law seeks to protect the process of competition for the ultimate benefit of the citizens, allowing for lower prices, better products and choices for consumers.
Philippine Real Estate Market and COVID19 CrisisGus Agosto
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The Assessors have an important role in raising the valuation standard to a higher plane. They are at the forefront of the valuation practice in public service. The appraisers in the private sector should work hand in hand with the assessors towards raising the standard of valuation practice.
In this special issue we are featuring the mixed use developments in the Visayas that will eventually shape its landscape. Township developments has been touted as the next big thing in real estate, thus it merits to have a closer look.
Presenting the land market situation in Cebu, with particular focus in Cebu City as the second largest urban center of the country. It analysis the market through its fundamentals and historical indicators.
Antitrust Policy: A Century of Economic and Legal ThinkingGus Agosto
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This study examines the compliance of balanced housing development program in Cebu
City, its contribution in housing the poor and in urban development. In particular, the paper
sought to know what modalities were availed in the compliance, how it fares to the housing
backlog of the city, and what its role in urban development. It focuses on the 52 compliance
projects of real estate developers in Cebu City for the period of 2003 to 2014. The study
found out that there are 1,525 house and lot units, 871 lots or a total area of 81,723.4 square
meters provided as proof of compliance; the common mode of compliance is through
development of a socialized housing equivalent to either 20% of the total project area or 20%
of the total cost of the main project. The balanced housing compliance in Cebu City is a
dismal contribution in providing affordable housing to the poor. The developer’s choice of
mode of compliance was premised not only to comply, but to profit. Balanced housing
development was implemented in the narrow context of providing “shelter”, not in urban
development. In longer perspective, balanced housing development should inspire us towards
the path of a sustainable and balanced community.
Tracing the historical development of orthodox monetarism beginning with the quantity theory of money approach as it evolved from the mid-1950s to the mid-1960s; through to the expectations-augmented Phillips curve analysis which was absorbed into monetarist analysis after the mid- to late 1960s.
Prescribing the Mass Appraisal Guidebook: A Supplement to the Manual on Real Property Appraisal and Assessment Operations” . Published by Department of Finance, Bureau of Local Government Finance.
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HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
Taurus Zodiac Sign_ Personality Traits and Sign Dates.pptxmy Pandit
Explore the world of the Taurus zodiac sign. Learn about their stability, determination, and appreciation for beauty. Discover how Taureans' grounded nature and hardworking mindset define their unique personality.
Affordable Stationery Printing Services in Jaipur | Navpack n PrintNavpack & Print
Looking for professional printing services in Jaipur? Navpack n Print offers high-quality and affordable stationery printing for all your business needs. Stand out with custom stationery designs and fast turnaround times. Contact us today for a quote!
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
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This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
As a business owner in Delaware, staying on top of your tax obligations is paramount, especially with the annual deadline for Delaware Franchise Tax looming on March 1. One such obligation is the annual Delaware Franchise Tax, which serves as a crucial requirement for maintaining your company’s legal standing within the state. While the prospect of handling tax matters may seem daunting, rest assured that the process can be straightforward with the right guidance. In this comprehensive guide, we’ll walk you through the steps of filing your Delaware Franchise Tax and provide insights to help you navigate the process effectively.
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
2. PCA was enacted in 2015 and its IRR became
effective on June 18, 2016
3. Content
• Overview of objectives and
rationale
• Major Provisions of PCA
• One year record of PCA
4. Objectives of competition
policy and law
To safeguard, protect and promote
competition and the competitive process
Benefits: efficiency and consumer welfare-
better prices, quality and variety of products
Why the need? Market failure
5. Making sure that firms play “fair”
Prevent firms from “unfairly” obtaining
market power
– “Unfairly’ erecting barriers to entry (exclusionary
abuse)
What is “unfair?”
Attaining dominant market position by means other
than becoming more efficient than other players
Examples: Forming cartels (horizontal agreements), predatory
pricing; refusal to sell to intentionally increase costs of rival
6. Prevent firms from exercising abuse of
market power (Exploitative abuse):
– A firm has market power if because of its
dominant position, it is able to affect the
selling price of its output by controlling how
much it produces.
– Limiting output/supply that would raise
prices (providing monopoly ‘rents’ )
Examples: Agreement to fix prices, outputs;
shutting down capacity after acquisition of rival
firm
Making sure that firms play “fair”
7. Promoting competition
Addressing information asymmetries
(publication of relevant information)
Implementing measures to make
markets contestable
Bringing down barriers to entry, allowing
more players-- make sure that there are
no unnecessary government regulations
8. The Philippine Competition
Commission (PCC) was
formed in February 2016.
The PCC is headed by a
Chairman (currently Dr.
Arsenio Balisacan) and
comprises four other
Commissioners.
Creation of the Philippine
Competition Commission
9. Arsenio M. Balisacan is a
Filipino economist and academic
serving as the first chairperson of
the Philippine Competition
Commission, the country's
antitrust agency enforcing
prohibitions against anti-
competitive business acts and
practices.
Economic Planning Secretary
Director-General of the National
Economic and Development
Authority (NEDA)
Dean and Professor of the
University of the Philippines School
of Economics
Executive Director of the Philippine
Center for Economic Development
PhD in Economics from the
University of Hawaii
MS degree in Agricultural
Economics from the University of
the Philippines Los Baños.
10. Creation of the Philippine
Competition Commission
• Independent, quasi-judicial body, attached agency to the OP
• Composition:
• One Chairman and four commissioners; with rank equivalent to a
cabinet secretary and undersecretaries, respectively; with
expertise in economics, law, finance
• Term: Seven years without re-appointment
• Powers and function: sole authority to initiate and conduct
preliminary investigation
– “No civil case shall be filed or instituted by a private party in
court, unless the PCC has completed a preliminary inquiry.”
(Section 45, PCA)
11. Powers and Functions of the PCC
• Conduct inquiry, investigate, hear and decide cases
• Review mergers and acquisition
• Monitor compliance
• Stop, redress, apply remedies based on finding
• Issue subpoenas
• Undertake inspection of business premises, under order
of court
• Deputize enforcement agencies
• Issue advisory opinions on competition matters
• Monitor and analyze competition practices in markets;
conduct, publish and disseminate studies, etc
12. Prohibited behaviors, agreements,
and processes
• Agreements entered into by competitors resulting in price fixing or
manipulation, or setting, or controlling production, markets, or
investment and restricting competition as to price, or components, or other
terms of trade;
• The abuse of dominant positions by selling goods or services below cost
with the object of driving competition out of the market; setting prices or
other terms or conditions that discriminate unreasonably between
customers or sellers of the same goods or services; and limiting production,
markets or technical development to the prejudice of consumers;
• The abuse of dominant positions by limiting production or technical
development to the prejudice of consumers; and
• Merger or acquisition agreements that substantially prevent, restrict or
lessen competition in the relevant market or in the market for goods or
services are likewise prohibited.
13. Prohibited Acts
• Anti-Competitive Agreements (Sec 14)
• a. Per se Prohibitions
– Restricting competition as to price (or other terms of trade)
– Price fixing at an auction/bid-rigging, market allocation and
other analogous practices of bid manipulation
per se violations are limited to price-fixing and bid rigging.
• b. The following agreements with the object to substantially
prevent, restrict and lessen competition (‘Rule of Reason”)
– Setting, limiting, or controlling production, markets…
– Dividing or sharing the market (whether by volume, teritory,
type of goods, buyers, sellers...
• Only these (14a and 14b) are punishable as criminal
offenses (Sec 30)
14. Prohibited Acts
Abuse of Dominant Position (Sec 15)
a. Pricing below cost to drive out competition (predatory pricing)
b. Creating barriers to market entry or growth, … except those ...
arising from superior product or prices…
c. Making a transaction subject to acceptance by the other parties of
other obligations which, by their nature or according to commercial
usage, have no connection with the transaction (tying arrangement)
d. Setting prices or other terms or conditions that discriminate
unreasonably between customers or sellers of the same goods or
services (price discrimination), with list of exceptions
e. Imposing restrictions on the lease or contract for sale or trade of
goods or services concerning where, to whom, or in what forms goods
or services may be sold or traded, where the object or effect of the
restrictions is to prevent, restrict or lessen competition substantially.
– E. g. fixing prices, giving preferential discounts or rebate upon such
price, or imposing conditions not to deal with competing entities,
– Exception: Permissible franchising, licensing, exclusive
merchandising or exclusive distributorship agreements; protecting
IPR
15. Mergers and Acquisition (M&A)
• Prohibited Mergers or Acquisitions (M&A)
Those that “substantially prevent, restrict or lessen competition
in the relevant market or in the market for goods or services”.
Exception: Efficiency gains offsetting impact of lessening
competition
• Compulsory Notification to the PCC
For with M&As transaction value over PhP1 Billion (USD21.7 million);
M&A cannot be consummated until after 30 days from notification;
Violation of compulsory notification requirement will have following
consequences:
– Agreement is void; and
– Parties shall be subjected to administrative fine of 1% to 5% of
transaction value.
16. • In case of violations of the Act, the
Commission may impose administrative
fines of up to P100 million for first
offenders, and up to P250 million for
repeat offenders. Aside from the payment
of fines, offenders of any anti-competitive
agreement risk imprisonment from a
minimum of two years up to a maximum of
seven years.
17. One year record
• As of 30 January 2017, the Commission has
already received 80 notifications for mergers
and acquisitions and 8 referrals for possible
anticompetitive behavior in different sectors
of the economy.
• The Commission has also issued a total of 4
procedural guidelines as of today.
18. Battle over telco frequencies
• The legal battle emerged after the PCC wanted to review the
almost P70-billion acquisition of SMC’s Vega Telecom, which had
access to valuable telco frequencies, including those in the
powerful 700-MHz band.
• The resulting deal gave PLDT and Globe control over about 80
percent of all available telco frequencies.