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Sec 31 of ra 10667 inter alia provides that if the

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Sec. 31 of R.A. 10667 , inter alia , provides that “if the evidence so warrants, the Commission may file before the DOJ criminal complaints for violations of this Act or relevant laws for preliminary investigation and prosecution before the proper court”. The DOJ shall conduct such preliminary investigation “in accordance with the Revised Rules of Criminal Procedure”. The same provision states that “ except as provided in Section 12(i) of Chapter II of this Act, no law enforcement agency shall conduct any kind of fact-finding, inquiry or investigation into any competition-related matters”. ( Sec. 31, R.A. 10667 ). PROHIBITED ACTS Sec. 14 of R.A. 10667 define and enumerates the “a nti-competitive agreements”. The following agreements, between or among competitors, are per se prohibited: “(1) Restricting competition as to price, or components thereof, or other terms of trade ; (2) Fixing price at an auction or in any form of bidding including cover bidding, bid suppression , bid rotation and market allocation and other analogous practices of bid manipulation . (Sec. 14 [a], R.A. 10667). Sec. 14 (b) of R.A. 10667 provides that the following agreements, between or among competitors which have the object or effect of substantially preventing, restricting or lessening competition are prohibited:
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“x x x. (1) Setting, Kiting, or controlling production, markets, technical development, or investment ; (2) Dividing or sharing the market , whether by volume of sales or purchases, territory, type of goods or services, buyers or sellers or any other means.” X x x.” Sec. 14 (c) of R.A. 10667 provides that “agreements other than those specified in (a) and (b) of this section which have the object or effect of substantially preventing, restricting or lessening competition shall also be prohibited”. It clarifies, though that, “those which contribute to improving the production or distribution of goods and services or to promoting technical or economic progress , while allowing consumers a fair share of the resulting benefits, may not necessarily be deemed a violation of this Act”. The following are not deemed “competitors” for purposes of Sec. 14 of R.A. 10667 : “An entity that controls, is controlled by, or is under common control with another entity or entities, have common economic interests , and are not otherwise able to decide or act independently of each other , shall not be considered competitors for purposes of this section. ( Last paragraph, Sec. 14, R.A. 10667 ). ABUSE OF DOMINANT POSITION . Sec. 15 of R.A. 10667 provides that “it shall be prohibited for one or more entities to abuse their dominant position by engaging in conduct that would substantially prevent, restrict or lessen competition”. These are the following: “x x x. (a) Selling goods or services below cost with the object of driving competition out of the relevant market: Provided, That in the Commission’s evaluation of this fact, it shall consider whether the entity or entities have no such object and the price established was in good faith to meet or
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compete with the lower price of a competitor in the same market selling the same or
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  • Fall '19
  • Competition law

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