The rules on the determination of relevant market are provided in Republic Act No. 10667, also known as the “Philippine Competition Act“, and its Implementing Rules and Regulations (IRR). These rules are as follows:
For purposes of determining the relevant market, the following factors, among others, affecting the substitutability among goods or services constituting such market, and the geographic area delineating the boundaries of the market shall be considered:
- (a) The possibilities of substituting the goods or services in question with others of domestic or foreign origin, considering the technological possibilities, the extent to which substitutes are available to consumers and the time required for such substitution;
- (b) The cost of distribution of the good or service, its raw materials, its supplements and substitutes from other areas and abroad, considering freight, insurance, import duties, and non-tariff restrictions; the restrictions imposed by economic agents or by their associations; and the time required to supply the market from those areas;
- (c) The cost and probability of users or consumers seeking other markets; and
- (d) National, local or international restrictions which limit the access by users or consumers to alternate sources of supply or the access of suppliers to alternate consumers.
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