Anti-Competitive Agreements: Prohibited Acts under the Philippine Competition Act

Two prohibited acts are provided in Republic Act No. 10667, also known as the “Philippine Competition Act” and its Implementing Rules and Regulations (IRR), to wit: (a) Anti-Competitive Agreements; and (b) Abuse of Dominant Position. The basic difference is that anti-competitive agreements can only be committed by at least two entities. This article discusses the first prohibited act — anti-competitive agreements. 

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Abuse of Dominant Position: Prohibited Acts under the Philippine Competition Act

There are two prohibited acts under Republic Act No. 10667, also known as the “Philippine Competition Act“, to wit: (a) Anti-Competitive Agreements; and (b) Abuse of Dominant Position. The basic difference is that anti-competitive agreements can only be committed by at least two entities. This article discusses the second prohibited act — abuse of dominant position, basically involving predatory pricing and non-price predation. The headings are added for convenience.

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Guidelines on Interruption of Periods for Filing of Documents, Payment of Taxes, Cancellation of Proceedings due to Community Quarantine (Administrative Order No. 30)

The President has issued a directive for the issuance of guidelines on the interruption of periods for the filing of documents, payment of taxes and other fees, and cancellation of proceedings by reason of the community quarantine. Note that a “community quarantine” may refer to a general community quarantine or an enhanced community quarantine.

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Electronic Filing and Service: Summary/Discussion re 2019 Proposed Amendments to the 1997 Rules of Civil Procedure

The most significant amendments pertain to electronic means of filing and service. Every judgment, resolution, order, pleading subsequent to the complaint, written motion, notice, appearance, demand, offer of judgment or similar papers shall be filed with the court, and served upon the parties affected. The amendments are discussed below.

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Extension of Time to file Pleadings: Summary/Discussion of the 2019 Amendments to the 1997 Rules of Civil Procedure

The old 1997 Rules simply states that upon motion and on such terms as may be just, the court may extend the time to plead, without specifying the extended period. This has been revised under the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020. [See also Extension of deadlines for 30 days, counted from 1 June 2020, by reason of GCQ/MECQ]

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When to File Responsive Pleadings: Summary/Discussion of the 2019 Amendments to the 1997 Rules of Civil Procedure

Responsive pleadings must be filed within the period prescribed under the Rules; otherwise, the party may be declared in default . The Supreme Court has repeatedly reminded party litigants and their counsel to abide by – rather than flaunt – procedural rules for these rules illumine the path of the law and rationalize the pursuit of justice.

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Pre-Trial Conference: Summary/Discussion re 2019 Proposed Amendments to the 1997 Rules of Civil Procedure

The conduct of pre-trial conference is mandatory. There are significant changes provided in the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020. We thought it might be helpful to provide a summary/discussion on Rule 18 (Pre-Trial). The summary of other Rules can be tracked through the Menu.

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