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Powers functions jurisdiction sec 12 of ra 10667

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POWERS; FUNCTIONS; JURISDICTION. Sec. 12 of R.A. 10667 enumerates the jurisdiction, powers and functions of the Commission. The Commission had “ original and primary jurisdiction over the enforcement and implementation of the provisions of this Act, and its implementing rules and regulations”. ( Sec. 12, Id. ). Under Sec. 12 of RA 10667 , the Commission shall exercise the following powers and functions: “x x x. (a) Conduct inquiry, investigate, and hear and decide on cases involving any violation of this Act and other existing competition laws motu proprio or upon receipt of a verified complaint from an interested party or upon referral by the concerned regulatory agency, and institute the appropriate civil or criminal proceedings ; (b) Review proposed mergers and acquisitions, determine thresholds for notification, determine the requirements and procedures for notification, and upon exercise of its powers to review, prohibit mergers and acquisitions that will substantially prevent, restrict, or lessen competition in the relevant market ; (c) Monitor and undertake consultation with stakeholders and affected agencies for the purpose of understanding market behavior;
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(d) Upon finding, based on substantial evidence , that an entity has entered into an anti- competitive agreement or has abused its dominant position after due notice and hearing , stop or redress the same, by applying remedies, such as, but not limited to, issuance of injunctions, requirement of divestment, and disgorgement of excess profits under such reasonable parameters that shall be prescribed by the rules and regulations implementing this Act; (e) Conduct administrative proceedings , impose sanctions, fines or penalties for any noncompliance with or breach of this Act and its implementing rules and regulations (IRR) and punish for contempt; (f) Issue subpoena duces tecum and subpoena ad testificandum to require the production of books, records, or other documents or data which relate to any matter relevant to the investigation and personal appearance before the Commission, summon witnesses, administer oaths, and issue interim orders such as show cause orders and cease and desist orders after due notice and hearing in accordance with the rules and regulations implementing this Act; (g) Upon order of the court , undertake inspections of business premises and other offices, land and vehicles , as used by the entity, where it reasonably suspects that relevant books, tax records, or other documents which relate to any matter relevant to the investigation are kept, in order to prevent the removal, concealment, tampering with, or destruction of the books, records, or other documents; (h) Issue adjustment or divestiture orders including orders for corporate reorganization or divestment in the manner and under such terms and conditions as may be prescribed in the rules and regulations implementing this Act. Adjustment or divestiture orders, which are structural remedies, should only be imposed : (1) Where there is no equally effective behavioral remedy ; or
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  • Fall '19
  • Competition law

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