" 
SIXTEENTH CONGRI::SS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. B. No.1! 
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Introduced by Senator Sergio Osmena III 
EXPLANATORY NOTE 
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The salutary effects of economic liberalization are evident in industries such as 
shipping, airlines, and telecommunications, particularly in the availability of service 
options at varying prices. The increased efficiency through competition in these 
sectors needs to be replicated in other sectors especially as we seek to open our 
economy to foreign investments and free trade. 
This bill consolidates all anti-trust laws and establishes the Fair Trade 
Commission to promote competitive vigor in our economy. This bill defines absolute 
and relative monopolies and trusts, which in themselves constitute prima facie 
violations of the law, in order to facilitate its enforcement. The main enabling 
mechanisms are: 
a) recourse given to complaints initiated by private citizens who are aggrieved by 
abuses committed by companies exercising market power; and 
b) the authority vested in the Fair Trade Commission to initiate investigations, impose 
penalties for violations of the law, and to establish anti-trust mechanisms. 
This bill will provide the unifying framework that will promote subsequent 
liberalization measures and ensure that domestic markets are accessible to all would-
be entrants and participants and free from the stifling control of any single powerful 
monopoly. 
In view of the foregoing, early passage of this bill is earnestly requested. 
J. NW1 VV 
'E~GIO OSMENA III 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. B. No. 
41 
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Introduced by Senator Sergio Osmefia III 
AN ACT 
CREATING THE FAIIR TRADE COMMISSION, PRESCRIBING ITS POWERS AND 
FUNCTIONS IN REGULATING TRADE COMPETITION AND MONOPOLIES AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled: 
SECTION 1. Title. -- This Act shall be known as the "Fair Trade Act of 
2 
2013". 
3 
SEC. 2. 
Declaration of Policy. - The efficiency of free market 
4 
competition and free trade in the allocation of goods and services is a well-
5 
received premise in domestic and international economies. The state finds that 
6 
the measures undertaken to liberalize the key sectors of the economy need to 
7 
be reinforced by mechanisms that will ensure competitive conditions as far as 
8 
practicable. The state also finds that the development of the entrepreneurial 
9 
spirit among the people is well served by measures that ensure equal 
10 
opportunities for ali, encouraging private investments, facilitating technology 
11 
development and 
transfer, 
and 
enhancing 
resource 
productivity. 
Free 
12 
competition also s.erves the best interest of the consumer by empowering him 
13 
with the exercise of his right of choice over goods and services offered for sale 
14 
in the market. It is therefore the declared policy of the State to promote the 
15 
process of competition and free market participation through the prevention and 


elimination of monopolies, monopolistic practices and other restraints on the 
2 
efficient operation of markets for goods and services. 
3 
For this purpose, the State recognizes the need to consolidate the laws 
4 
governing trade, competition, monopolies and free market participation and to 
5 
establish the body that will enforce the law and regulate the conduct of 
6 
competition in the Elconomy. 
7 
SEC. 3. 
Coverage --- All economic agents shall be subject to the 
8 
provisions of this Act, whether they are individuals or corporations, agencies or 
9 
entities of the national or local governments, associations, professional groups, 
10 
trusts, or any form of participation in business activities. 
II 
Agencies and bodies responsible for the regulation of strategic sectors do 
12 
not constitute monopolies. However, the same bodies and agencies shall be 
13 
subject to the provisions of this Act in regard to acts which are not specifically 
14 
included within stmtegic sectors. 
15 
SEC. 4. Price Regulation by tile State -- In order to fix maximum prices 
16 
of products and sel"vices that are essential for the domestic economy or mass 
17 
consumption, the following shall apply: 
18 
(a) The President through the Department of Trade and Industry shall be 
19 
exclusively responsible for determining through a decree what goods and 
20 
services may be subject to maximum prices; 
21 
(b) The Department may arrange and coordinate with producers and 
22 
distributors the necessary actions in this connection, without such procedure 
23 
being interpreted as a violation of this law, and it shall try to minimize their 
24 
effects on competition and free market participation. 
25 
(c) The Bureau of Trade Regulation and Consumer Protection, under the 
26 
supervision of the Department shall be responsible for the inspection, 
27 
surveillance and penalization in respect to the maximum prices determined 
28 
pursuant to this Section, in accordance with the Consumer Protection Act. 
2 


SEC. 5. 
Monopolies - Monopolies and cartels are prohibited, as are 
2 
practices which pursuant to this law diminish, impair or prevent competition and 
3 
free participation in the production, processing distribution and marketing of 
4 
goods and services. 
5 
SEC. 6. D,efinilion of Absolute Monopoly -- Absolute monopolistic 
6 
practices are contracts, agreements, arrangements or cartels of economic 
7 
agents competing among themselves, whose aim or effect is any of the 
8 
following: 
9 
(a) To lowelr, raise, fix or manipulate the sale or purchase price of goods 
10 
or services at which they are supplied or demanded on the market, or the 
11 
exchange of information which has the same purpose or effect; 
12 
(b) To establish an obligation not to produce, process, distribute or 
13 
market but a restricted or limited amount of good s or a restricted or limited type, 
14 
volume or frequency of service; 
15 
(c) To divide, distribute, assign or impose portions or segments of a 
16 
present or potential market of goods and services, on the basis of certain 
17 
customers, suppliers, time or space of those to be determined; or 
18 
(d) To establish, rig or coordinate bids or to abstain from submitting 
19 
proposals in tender competitions or bidding in public auctions. 
20 
The acts mferred to in this Section shall have no legal force and the 
21 
economic agents which engage in them shall be subject to penalties established 
22 
by this law, regardless of any criminal liability that may ensue. 
23 
SEC. 7. 
Definition of Relative Monopoly - Relative monopolistic 
24 
practices are considered to be those acts, contracts, agreements or cartels 
25 
whose purpose or effect is or could be to wrongfully displace other agents from 
26 
the market, substantially impede their access thereto or to establish exclusive 
27 
advantages in favor of one or several entities in the following cases: 
3 


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(a) between economic agents that do not compete with one another, the 
fixing, irnposition or establishrnent of exclusive distribution of goods 
or services, by reason of a certain entity, geographic location or 
period of tirne, including the division, distribution or assignment of 
customers or suppliers; as well as the imposition of the obligation to 
not manufacture or distribute goods or render services for a certain 
period of time or a period of time subject to determination; 
(b) the imposition of a price or other conditions which a distributor or 
supplier must comply with when selling or distributing goods or 
offering services; 
(c) the sale or transaction contingent on the purchase, acquisition, sale or 
supply of another additional normally different or distinguishable 
product or service, or on the basis of reciprocity; 
(d) the sale or transaction contingent on not using or acquiring, selling or 
providinD the goods or services produced, processed, distributed or 
marketed by a third party; 
(e) a unilateral action consisting of refusing to sell or supply certain 
agents with available goods or services, normally offered to third 
parties; 
(f) the agrEiement between several economic agents or an invitation 
extended to them to exert pressure on a certain customer or supplier, 
for the purpose. of dissuading it from a certain practice, to retaliate or 
force it to act in a certain manner; or 
(g) any act in general that unduly impairs or impedes the process of 
competition and free participation in the production, processing, 
distribution and marketing of goods and services. 
4 


1 
SEC. 8. PrEfsllmptions of Violations of this Act -- In order to constitute 
2 
the practices referred to in the preceding Section, as prima facie violations of 
3 
this Act, it must be proven: 
4 
(a) that the presumed responsible party has substantial power over the 
5 
relevant market; and 
6 
(b) that they are carried out in connection with goods or services 
7 
pertainin!;) to the relevant market in question. 
s 
SEC. 9. Rel,evant Market - In order to determine the relevant market, the 
9 
following criteria must be taken into account: 
to 
(a) the possibilities of substituting the goods or services in question, with 
11 
others of domestic or foreign origin, bearing in mind the technological 
12 
possibilities, the extent to which substitutes are available to consumers and the 
13 
time required for such substitution; 
14 
(b) the cost of distribution of the product itself, its raw materials; its 
15 
supplements and substitutes from other areas and from abroad, taking into 
16 
consideration freight, insurance, import duties and non-tariff restrictions, the 
17 
restrictions imposed by economic agents or by their associations and the time 
18 
required to supply ilhe market from those areas; 
19 
(c) the cost and probability of users or consumers seeking other markets, 
20 
and 
21 
(d) national, local or international restrictions which limit access by users 
22 
or consumers to alternate sources of supply or the access of suppliers to 
23 
alternate consumers. 
24 
SEC. 10 . Determination of Substantial Power -- In order to determine 
25 
whether a business entity has substantial market power on the relevant market, 
26 
the following must be taken into consideration: 
27 
(a) its share of said market and whether it is able to fix prices unilaterally 
5 


or to restrict supply on the relevant market without the competing 
2 
agents being able, at present or potentially, to offset such power; 
3 
(b) the existence of barriers to entry and the elements which could 
4 
foreseeably alter both said barriers and the supply from other 
5 
competiltors; 
6 
(c) the exist-ence and power of its competitors; 
7 
(d) the possibility of access by the business entity and its competitors to 
8 
sources of input; 
9 
(e) its recent conducts; and 
10 
(f) other criteria established by the regulations of this Act. 
11 
SEC. 11. Investigations -- The Commission may investigate ex-officio 
12 
or at the request of the interested party, whether act referred to in the preceding 
13 
Section are present, and as the case may be, declare their existence. Notice of 
14 
said declaration shall be given to the appropriate parties. The aggrieved party 
15 
may file an appeal with the Department of Trade and Industry. 
16 
SEC. 12. Exemptions --- The following do not constitute monopolies 
17 
punishable under this Act: 
18 
(a) Associations of workers formed in accordance with the relevant 
19 
legislation to protect their interests; 
20 
(b) Privileges granted to authors and artists for the production of their 
21 
works for a certain period of time and those granted for the exclusive 
22 
use of their Inventions to inventors and persons engaged in the 
23 
perfecting of an improvement; 
24 
(c) Associations or cooperatives which sell their products directly abroad, 
25 
provided that: i) said products are the principal source of wealth of the 
26 
region in which they are produced, or are not essential products; ii) 
27 
they an3 neither sold nor distributed in the Philippines; and iii) 
28 
membership is voluntary and members are free to join or resign; and 
6 


iv) In each case their incorporation is authorized by the existing laws 
2 
corresponding to their corporate domicile; 
3 
(d) Monopolies authorized by law. 
4 
SEC. 13. Trusts --- For purposes of this law, a trust shall be understood 
5 
to mean a merger, acquisition of control or any act whereby companies, 
6 
partnerships, shares, equity, trusts or assets in general are concentrated among 
7 
competitors, suppliers, customers or any other business entity. The Commission 
8 
shall challenge and penalize those trusts whose purpose or effect is to diminish, 
9 
impair or impede Gompetition and free market participation in regard to equal, 
10 
similar or substantially related goods or services. 
11 
SEC. 14. Grounds for Prima Facie Case --- When investigating trusts, 
12 
the Commission must interpret as evidence of a situation referred to in the 
13 
preceding section, when the act or attempt: 
14 
(a) bestows. or may bestow on the merging party, the acquirer or the 
15 
business entity resulting from the trust, the power to fix prices 
16 
unilaterally or substantially restrict the stock or supply on the relevant 
17 
market, without the competing economic agents being able, at present 
18 
or potentially to offset said power; 
19 
(b) intends or may intend to wrongfully displace other economic agents or 
20 
to prevent their access to the relevant market; and 
21 
(c) intends or has the effect of substantially facilitating the participants in 
22 
said act or attempt to engage in monopolistic practices referred to in 
23 
Section G hereof. 
24 
SEC.15. Evaluation of a Trust --- In order to determine whether a 
25 
trust should be opposed or penalized pursuant to this Act, the Commission must 
26 
take the following factors into consideration: 
27 
(a) the relevant market, in accordance with Section 9 hereof; 
7 


(b) the identification of the economic agents that supply the market in 
2 
question, an analysis of their market power on the relevant market, in 
3 
accordance with Section 10 hereof and the degree of concentration in 
4 
said market; and 
5 
(c) other criteria or instruments of analysis contained in the regulations of 
6 
this Act. 
7 
SEC. 16. Intervention by the Commission --- If, as a result of the 
8 
investigation and review of the procedure established herein, it becomes clear 
9 
that the trust constitutes an act contemplated in this chapter, in addition to 
10 
imposing the appropriate legal measures or penalties, the Commission may: 
II 
(a) 
make such act contingent upon compliance with the conditions 
12 
established by the Commission; 
13 
(b) order a partial or total breaking up of the trust which has been 
14 
wrongfully created, the end to the control or the elimination of the act, 
15 
as required. 
16 
SEC. 17. Notification reqllirements --- The Commission must be 
17 
apprised of the following trusts before they are formed: 
18 
(a) If the value of a single transaction or a series of transactions amounts 
19 
to over twelve million (12,000,000) times the minimum daily wage 
20 
prevailing in Metro Manila; 
21 
(b) If a single transaction or a series of transactions implies an 
22 
accumulation of thirty-five percent (35%) or more of the assets or 
23 
shares of an economic agent, whose assets or sales amount to more 
24 
than twelve million (12,000,000) times the minimum daily wage 
25 
prevailing in Metro Manila; or 
26 
(c) If two or more economic agents take part in the transaction and their 
27 
assets or annual volume of sales, jOintly or separately total more 
28 
than forty-eight million (48,000,000) times the minimum daily wage 
8 


I 
prevailing in the region, and said transaction implies an additional 
2 
accumulation of assets or capital stock in excess of four million eight 
3 
hundred thousand (4,800,000) times the minimum daily wage 
4 
prevailing in Metro Manila. 
5 
In order to register the acts which in accordance with their nature should be 
6 
listed with the Registrar of Deeds, the economic agents referred to in subsection 
7 
(a) through (b) must establish that they have received a favorable ruling from the 
8 
Commission or that they have given the notice referred to in this Section, 
9 
without the Commission having issued a decision within the time limit stipulated 
to 
in the following Section. 
II 
SEC. 18. Notification Procedures --- For purposes of the preceding 
12 
Section, the following shall apply: 
13 
(a) The notice shall be given in writing, together with a draft of the legal 
14 
act in question, which shall include the names or corporate names of 
15 
the economic agents involved, their financial statements for the latest 
16 
fiscal YHar, their market share and other details, to permit an 
17 
evaluation of the intended transaction; 
18 
(b) The Commission may request additional information or documents 
19 
within twenty (20) calendar days follOWing the reception of the notice. 
20 
This information must be submitted by the interested parties within 
21 
fifteen (15) calendar days. This time limit may be extended in duly 
22 
justified cases; 
23 
(c) The Commission shall have forty-five (45) calendar days following the 
24 
reception of the notice or of the additional documents requested, as 
25 
the caSE, may be in order to issue a decision. Once said time limit has 
26 
expired and no decision has been handed down, it shall be 
27 
understood that the Commission has no objections whatsoever; 
9 


(d) In exceptionally complex cases, the Chairman of the Commission 
2 
may, on his own responsibility extend the time limit referred to In 
3 
Subsections (b) and (c) for up to another sixty (60) calendar days; 
4 
(e) The decision of the Commission must be duly justified and explained; 
5 
and 
6 
(f) A favorable decision shall not prejudge the execution of other 
7 
monopolistic practices prohibited by this Act; therefore it does not 
8 
relieve the economic agents involved from other responsibilities. 
9 
SEC. 19. Non-contestable Acts --- The following may not be challenged 
10 
under this Act: 
11 
(a) Trusts that have received a favorable ruling, except when such ruling 
12 
was obtained on the basis of false information; and 
13 
(b) In case of trusts that do not require prior notification, a year after their 
14 
establishment. 
15 
. SEC. 20. Creation of The Fair Trade Commission - The Fair Trade 
16 
Commission is hereby created as an administrative body of the Department of 
17 
Trade and Industrl(. It shall be technically and operationally autonomous and its 
18 
responsibilities shall include the prevention, investigation and combating of 
19 
monopolies, monopolistic practices and trusts under the terms of this Act. It shall 
20 
be free to issue its own decisions. 
21 
SEC. 21. Powers of the Commission --- The Commission shall have the 
22 
following powers: 
23 
(a) to investigate the existence of monopolies, cartels, practices or trusts 
24 
prohibited by this Act, to which end it may require individuals and 
25 
other economic agents to provide the relevant information or 
26 
documents; 
27 
(b) to establish mechanisms of coordination to combat and prevent 
28 
monopolies, cartels trusts and illicit practices; 
10 


(c) to solve cases within its area of responsibility and to Impose 
2 
administrative penalties for the infringement of this Act and to report 
3 
to the Solicitor General criminal practices in matters of competition 
4 
and free market participation; 
5 
(d) To issue opinions concerning adjustments In programs and policies of 
6 
the Executive Branch whose effects may be damaging to competition 
7 
and free market participation; 
8 
(e) To issue opinions when requested by the President, through the 
9 
Secretary of the Department of Trade and Industry in regard to the 
10 
suitability of proposed laws and regulations in connection with 
II 
aspects of competition and free market competition; 
12 
(f) To issue opinions, when it considers pertinent, on the subject of 
13 
competition and free market participation, in regard to laws, 
14 
regulations, agreements, circulars and administrative acts, without 
15 
such opinions having any legal effect and without the Commission 
16 
being under any obligation to issue an opinion; 
17 
(g) To prepare and enforce internally organization and procedure 
18 
manuals; 
19 
(h) To participate with the appropriate bodies in the execution of 
20 
international treaties, agreements or pacts in connection with 
21 
regulations or poliCies involving competition and free market 
22 
participation, of which the Republic of the Philippines is or intends to 
23 
be a party; 
24 
(i) To deputize any law enforcement agency and instrumentality of the 
25 
government for assistance in the implementation and enforcement of 
26 
its funclions and orders; 
27 
(j) To enlist the assistance or services of the Department of Justice or 
28 
the Office of the Solicitor General; and 
II 


(k) Such other powers vested in it by this and other laws and regulations. 
2 
SEC. 22. Members of the Commission--- The Commission shall 
3 
consist of five members, including its Chairman. It shall conduct its debates as 
4 
a body and its decisions shall be reached by a majority vote with the Chairman 
5 
casting the deciding ballot in the event of a tie. 
6 
The Commissioners shall be appointed by the President to serve in their 
7 
capacities for renewable periods of six (6) years and they may only be removed 
8 
from office for duly justified serious reasons; Provided that, in no case shall any 
9 
person be a member of the Commission for more than two (2) terms. They must 
IO 
meet the following requirements: 
11 
(a) They must be Filipino citizens, professionally qualified in matters 
12 
related to the purposes of this Act, over thirty-five (35) and under 
13 
seventy-two (72) years of age; 
14 
(b) They must have distinguished themselves professionally in public or 
15 
academic service substantially related to the purposes of this Act. 
16 
The Commissioners must refrain 
from 
engaging 
in 
any other 
17 
employment, work or public or private activity, except in a teaching capacity. 
18 
Furthermore, they shall be disqualified from deciding matters in which they may 
19 
have a direct or indirect interest, in terms of the regulallons. 
20 
The Commission shall have the necessary staff to expedite matters 
21 
efficiently, in accordance with the authorized budget. 
22 
SEC. 23. 71le Chairman of the Commission --- The Chairman of the 
23 
Commission shall be appointed by the President and he shall have the following 
24 
powers: 
25 
(a) To coordinate the work of the Commission; 
26 
(b) To implement, enforce and supervise the established relevant internal 
27 
policies; 
12 


(c) To issue and publish an annual report concerning the performance of 
2 
the functions of the Commission, including the results of its actions in 
3 
connection with competition and free market participation; 
4 
(d) To requEist from any authority in the Philippines or abroad information 
5 
it may require in order to investigate possible infringements of this 
6 
Act; 
7 
(e) To act as a representative of the Commission; to designate and 
8 
remove personnel; to create the necessary technical units in 
9 
accordance with the budget, as well as to delegate powers; and 
10 
(f) Such other powers as are vested in him by the laws and regulations. 
11 
SEC. 24. Executive Secretary --- The Commission shall have an 
12 
Executive Secretary appointed by the Chairman of the Commission, who shall 
l3 
be responsible for operational and administrative coordination. The Executive 
14 
Secretary will certify the act in which he shall take part. 
15 
SEC. 25. Illitiatillg Proceedillgs --- Proceedings before the Commission 
16 
shall be initiated ex-officio or .at the request of the interested parties. 
17 
SEC. 26. Power to issue subpoellas --- When exercising its powers, the 
18 
Commission may issue subpoena duces tecum to request the necessary 
19 
information or dOGuments in order to carry out its investigations, as well as 
20 
subpoena ad testillcandum to summon whoever may be involved in the cases in 
21 
question. Failure to comply with any of the above, or any misconduct in the 
22 
presence of the Commission or any of its Divisions in its vicinity as to seriously 
23 
interrupt any hearing, session or proceedings before it, will be punishable for 
24 
contempt by a fine not exceeding Five Thousand pesos (P5,000) or by 
25 
imprisonment not 13xceeding thirty (30) days or both. 
26 
The information and documents obtained directly by the Commission in 
27 
connection with its investigations, as well as those submitted to it shall be held 
28 
in strictest confidence. Public servants shall be held responsible in case of any 
13 


disclosure of said information, except when responding to an order of the 
2 
appropriate authority. 
3 
SEC. 27. Complainants. -
In case of absolute monopolistic practices, 
4 
anyone, or the affected parties in the case of other practices or trusts prohibited 
5 
by this Act, may submit a written denunciation against the alleged guilty party 
6 
before the Commission, indicating the nature of such practice or trust. 
7 
In case of relative monopolistic practices or trust, the complaint must 
8 
include the elements which constitute the practices or trusts and, as the case 
9 
may be, the factors that show that the complainant has sustained or may sustain 
10 
substantial damage or loss. 
11 
SEC. 28. Proceedings -- Proceedings before the Commission shall be 
12 
carried out as follows: 
13 
(a) the presumed guilty party shall be served summons, in which it shall 
14 
be informed of the nature of the investigation, and if applicable, a copy 
15 
of the accusation shall be included; 
16 
(b) the party so summoned shall have thirty (30) calendar days to submit 
17 
arguments in its defense and to attach documentary evidence in its 
18 
possession and to offer evidence worth reviewing; 
19 
(c) Once the evidence has been reviewed, the Commission shall set a 
20 
time limit not exceeding thirty (30) calendar days for the submission 
21 
of a plea either verbally or in writing; and 
22 
(d) Once the file has been completed, the Commission must hand down 
23 
a decision within not more than sixty (60) calendar days. 
24 
Any matter not covered herein shall be governed by the regulations of 
25 
this Act. 
26 
SEC. 29. Legal Sanctions ---
In order to carry out its functions 
27 
efficiently, the Commission may impose the following legal measures: 
28 
(a) Admonition; 
14 


1 
(b) A fine of up to the amount of One Thousand Five Hundred (1,500) 
2 
times the minimum daily wage prevailing in Metro Manifa, which 
3 
amount may be imposed for each day of noncompliance with the 
4 
order of the Commission; 
5 
SEC. 30. Penalties -- The Commission may impose the following 
6 
penalties: 
7 
(a) It may order the suspension, correction or elimination of the practice 
8 
or trust in question; 
9 
(b) It may order a partial or total breaking up of what wrongfully forms the 
10 
trusts, n~gardless of any fine that may be applicable in such case; 
11 
(c) A fine up to seven thousand five hundred (7,500) times the minimum 
12 
daily wage prevailing in Metro Manila, for having made false 
13 
statements or for having submitted false information to the 
14 
Commission, regardless of any criminal liability to which the guilty 
15 
party may be subject; 
16 
(d) A fine of up to three hundred seventy five thousand (375,000) times 
17 
the prevailing minimum daily wage for having engaged In an absolute 
18 
monopolistic practice; 
19 
(e) A fine of up to two hundred twenty-five thousand (225,000) times the 
20 
prevailin9 minimum daily wage for having engaged in any relative 
21 
monopolistic practice, and of up to one hundred thousand (100,000) 
22 
times the prevailing minimum daily wage in connection with the 
23 
provisions contained in Section 7, hereof; 
24 
(f) A fine of up to two hundred twenty-five thousand (225,000) times the 
25 
prevailin9 minimum daily wage for taking part in any trust prohibited by 
26 
this Act, and a fine of up to one hundred thousand (100,000) times the 
27 
prevailing minimum daily wage for failing to notify the Commission of 
28 
the trust as mandated by the law; and 
15 


; . 
(g) A fine of up to seven thousand five hundred (7,500) times the 
2 
prevailing minimum daily wage shall be imposed on individuals who 
3 
engage directly in monopolistic practices or prohibited trusts on behalf 
4 
or in representation and by order of corporations 
5 
(h) In case of a repeated offense, an additional fine of up to double the 
6 
initial amount may be imposed. 
7 
When imposing fines, the Commission must take into account the 
8 
seriousness of thH violation, the damage cause, the degree of intention, the 
9 
violator's market share, the size of the market affected, the duration of the 
10 
practice or trust and the violator's relapse or antecedents, as well as its financial 
11 
capacity. 
12 
SEC. 31. Special Cases -- In case of infringements referred to in Section 
13 
30 subparagraph (d) and (e), which in the opinion of the Commission are 
14 
particularly serious, the Commission may impose, instead of the fines stipulated 
15 
therein, a fine of up to ten percent (10%) of the annual sales obtained by the 
16 
violator during thEl previous fiscal year, or of up to ten percent (10%) of the 
17 
value of the violator'S assets, whichever is higher. 
18 
SEC. 32. Legal claims The economic agents that have demonstrated 
19 
during the proceedings that they have sustained damage and loss as a result of 
20 
the monopolistic practice or illicit trust, may file a legal claim to obtain 
21 
compensation of the damage and loss. In such case, the legal body may take 
22 
into consideration the damage and loss as estimated by the Commission. 
23 
No legal administrative action based on this Act shall be in order unless it 
24 
has been established therein. 
25 
SEC. 33. Appeal for Review -- Pursuant to this Act, an appeal for a 
26 
reversal may be filed with the Department of Trade and Industry, in connection 
27 
with decisions handed down by the Commission, within fifteen (15) working days 
28 
follOWing the date of notification of said decisions. 
16 


I ' 
The appeal shall be filed in a document addressed to the Secretary of the 
2 
Department of Trade and Industry, showing the name and address of the 
3 
appellant and the offense. It must include evidence considered necessary, as 
4 
well as proof of the legal status of the petitioner. 
5 
The filing of the appeal shall suspend the enforcement of the contested 
6 
decision. In case of a suspension of penalties referred to in paragraphs (a) and 
7 
(b) of Section 30, and where third parties may sustain damage or loss, the 
8 
appeal shall be admitted if the petitioner provides sufficient guarantees to 
9 
restore the damage and to compensate the losses, if it does not receive a 
10 
favorable ruling. 
11 
SEC. 34. Effect on Existing Law and Repealing Clause. -- The rights 
12 
and remedies provided by this Act shall be in addition to any and all rights and 
13 
remedies that may now exist, but no person permitted to maintain a suit for 
14 
damages under the provisions of this Act shall recover, through satisfaction of 
15 
judgment in one or more actions, a total amount in excess of his actual 
16 
damages on account of the act complained of. 
17 
All laws, Acts, parts of Acts, Rules of Court, Executive Orders, and 
18 
administrative re~lulations which are inconsistent with this Act are hereby 
19 
repealed. 
20 
SEC. 35. Sleparability. - If any provision of this Act shall be held invalid, 
21 
the remainder of the Act shall not be affected thereby. 
22 
SEC. 36. Effectivity Clause. - This Act shall take effect fifteen (15) days 
23 
from the date of its publication in at least two (2) newspapers of general 
24 
publication in the Philippines. 
25 
Approved, 
17