Nicolas and De Vega Law Offices Competition Law Anaylsis using the SCP Framework

Analyzing Whether a Business Conduct Contravenes Competition Law Using the Structure-Conduct-Performance Framework

What is Structure-Conduct-Performance Framework To determine whether a business conduct contravenes antitrust laws, it is necessary to make a competition analysis. The analytical framework that is commonly used in competition analysis is the Structure-Conduct-Performance Framework (SCP).  The SCP approach assumes that there is a stable, causal relationship between the structure of an industry, firm conduct […]

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search and seizure under PCA

Dawn Raids? No problem. The Rule on Administrative Search and Inspection under the Philippine Competition Act

The Philippine Competition Act (“PCA”) prohibits certain anticompetitive conduct. The Philippine Competition Commission (“PCC”) is tasked with the enforcement of the law. To successfully prosecute violators of the PCA, the PCC, under the the Philippine Supreme Court issued A.M. 19-08-06-SC, is empowered to conduct dawn raids, and apply for an inspection order before the Special Commercial Court of the place to be inspected is located.

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investigation

Antitrust/ Competition Law: Investigation of Administrative Cases involving Anti-Competitive Conduct before the Philippine Competition Commission

Antitrust/ Competition Law: Investigation of Administrative Cases involving Anti-Competitive Conduct before the Philippine Competition Commission* The Philippine Competition Commission (“PCC”) shall have original and primary jurisdiction over the enforcement and implementation of Republic Act No. 10667, otherwise known as the Philippine Competition Act (“PCA”).[i] It has the power to conduct inquiries and investigate, upon complaint […]

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market

Antitrust/ Competition Law: Relevant Product Market and the Hypothetical Monopolist Test

Antitrust/ Competition Law: Relevant Product Market and the Hypothetical Monopolist Test*   Market definition is usually the first step in competition analysis because the concepts that will be used in the analysis occur in the market (i.e. market power, competition, statutory restrictions, etc.).  Furthermore, defining the market is relevant in calculating and determining variables such […]

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exclusive

Antitrust/ Competition Law: Vertical Restraints and Exclusive Dealing

Antitrust/ Competition Law: Vertical Restraints and Exclusive Dealing* A vertical agreement is an agreement or concerted practice entered into between two or more undertakings each of which operates, for the purposes of the agreement or the concerted practice, at a different level of the production or distribution chain, and relating to the conditions under which […]

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tying

Antitrust/ Competition Law: Abuse of Dominant Position in Light of Tying Arrangements or Tie-in Sales

Antitrust/ Competition Law: Abuse of Dominant Position in Light of Tying Arrangements or Tie-in Sales* Have you ever experienced a situation wherein your purchase of one product requires you to buy another product? This practice may be classified as a tying arrangement or a tie-in sale which may be considered a violation of Republic Act […]

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