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Bar Exam Notes: Competition Law 101
FORBEARANCE
WHEN CAN THE PCC EXERCISE FORBEARANCE?
The Commission, motu proprio or upon application, prior to its initiation of an inquiry, may forbear from applying the provisions of the PCA and 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:
* Enforcement is not necessary to the attainment of the policy objectives of the PCA;
* Forbearance will neither impede competition in the market where the entity or group of entities seeking exemption operates nor in related markets;
* Forbearance is consistent with public interest and the benefit and welfare of the consumers; and
* Forbearance is justified in economic terms.
Provided, that 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.
For more information, see
PCA Chapter 5, Section 28and
PCA Implementing Rules and Regulations, Rule 9For a copy of the Philippine Competition Act and its Implementing Rules and Regulations, click
here
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