Beruflich Dokumente
Kultur Dokumente
THE PHILIPPINES
Anthony Amunategui Abad
Ateneo de Manila University School of Law
THE CONSTITUTION The State shall regulate or prohibit monopolies when the public interest so requires. No combinations in restraint of trade and unfair competition shall be allowed. (art. XII, sec. 19)
CRIMINAL LAW Arts. 186 and 187 of the Revised Penal Code [Act no. 3815 (1932)] penalize monopolies and conspiracies or combinations in restraint of trade, artificial prevention of free competition, and unlawful commerce
CIVIL LAW Art. 28 of the Civil Code [Republic Act no. 386 (1949)] allows the collection of damages arising from unfair competition
Act Consumer Act Corporation Code Revised Securities Act Intellectual Property Code Specific sectors
INTERNATIONAL COMMITMENTS
WTO
PROBLEMS:
Competition
laws remain unenforced Competition issues are resolved piece-meal and inconsistently NO COMPREHENSIVE COMPETITION POLICY
THE WAY FORWARD The Problem is essentially the POLITICAL ECONOMY of the Philippines
POLITICAL ECONOMY
State
POLITICAL ECONOMY
Oligarchy
has used the powers of the State to create opportunities for themselves to make even more money without having to create social wealth.
its allocative, distributive & incentive functions, competition can prevent undue concentration of economic power & political in the economic elite. Market economy will not only bring higher standards of living but will also have a liberative political effect.
to help business people avoid competition by awarding them subsidies, protective tariffs, preferential loans and other economic crutches But to push and challenge national industry to strive; to innovate; to stand up against the best in the world.
development would have to rely on the play of market forces. Free markets by nurturing civil society and by imposing their own restraints on the political system stimulate popular demands for the rule of law and the protection of human rights.