The rules on forbearance by the Philippine Competition Commission (“Commission”) are provided in Republic Act No. 10667, also known as the “Philippine Competition Act“, and its Implementing Rules and Regulations (IRR). These rules are:
The Commission, motu proprio or upon application, prior to its initiation of an inquiry, may forbear from applying the provisions of R.A. 10667 or its IRR, for a limited time, in whole or in part, in all or specific cases, on an entity or group of entities, if in its determination:
- (a) Enforcement is not necessary to the attainment of the policy objectives of the Act;
- (b) Forbearance will neither impede competition in the market where the entity or group of entities seeking exemption operates nor in related markets;
- (c) Forbearance is consistent with public interest and the benefit and welfare of the consumers; and
- (d) Forbearance is justified in economic terms.
However, forbearance will be granted for a maximum period of one year. Any extension to the period will have to be expressly approved by the Commission. Any extension of the duration of an exemption shall not be longer than one year.
Public Hearing
(a) A public hearing shall be held to assist the Commission in making its determination of forbearance.
(b) The Commission’s order exempting the relevant entity, or group of entities under this Rule shall be made public. Conditions may be attached to the forbearance if the Commission deems it appropriate to ensure the long-term interests of consumers.
(c) In the event that the basis for the issuance of the exemption order ceases to be valid, the order may be withdrawn by the Commission.
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