Philippine Competition Commission

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    Date: 2017-06-29 12:19:31.076700

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    Date: 2017-07-20 17:35:26.268400

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Philippine Competition Law and pertinent documents, including Senate debate minutes about the law.

Requested from PCC by C. Balicas at 12:19 PM on Jun 29, 2017.
Purpose: Research purposes/ academic purposes. For compliance of the law.
Date of Coverage: 06/01/2015 - 06/03/2017
Tracking no: #PCCom-701708131634

Balicas 12:19 PM, Jun 29, 2017 

Hello!I would like to request the following documents:

1. PCC's Opinion on Section 14 (c).
2. Legislative debate minutes/Journal concerning the PCA.

In Section 14 of the law concerning Anti-Competitive Agreements, letter (c) concerns the prohibition on agreements that substantially prevent, restrict or lessen competition.I would like to know if the Commission includes "non-compete clauses" as a violation of this Section.
I would like to know also the legislative intent of Senate as well as the intent of the Commission behind Section 14 so that we will know how to comply with the said law.


19 July 2017

Dear Carlo,
  
Thank you for your request dated 29 June 2017 under Executive Order (E.O.) No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
 
Your request
 
You asked for the following documents: (1) the Philippine Competition Commission’s (“Commission”) opinion on Section 14(c) of Republic Act No. 10667, otherwise known as the Philippine Competition Act (“PCA”); and (2) Congressional debate minutes/Journal reflecting the deliberations on the PCA, specifically the legislative intent behind Section 14 thereof.
 
Response to your request
 
While our aim is to provide information whenever possible, in this instance, the Commission does not have the information you have requested.
 
As to your request for the Commission’s opinion on Section 14(c) of the PCA, it is not covered by E.O. No. 2, which applies only to requests for, among others, documents  recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of the Commission. The Commission has not, as of this time, issued an opinion on the matter of your request.
 
As to your second request, the Commission is not the repository of documents concerning Congressional deliberations on any law, including the PCA. However, you may wish to request for these documents directly from either the House of Representatives or the Senate. These types of documents are normally posted at their websites, at http://congress.gov.ph or https://www.senate.gov.ph.
 
For further assistance you may review the FAQ section of the eFOI site: https://www.foi.gov.ph/help.
 
Your right to request a review
 
If you are dissatisfied with this response to your FOI request, you may file a written appeal to the Appeals Committee at oed@phcc.gov.ph, copying the PCC Legal Division at legal@phcc.gov.ph. Your appeal should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date you receive this letter. The Appeals Committee shall decide on your appeal within 30 calendar days from receipt of your appeal.
 
Thank you.
 
Respectfully,
Atty. Gianfrancis S. Camacho
FOI Decision Maker

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