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Section 28. Forbearance - Philippine Competition Act

Section 28. Forbearance of Philippine Competition Act. Section 28. Forbearance. - The Commission may forbear from applying the provisions of this Act, for a limited time, in whole or in part, in all o

  • Subjects 9 Bar syllabus groups
  • Codals 48 Primary legal sources

Philippine Competition Act

Section 28. Forbearance. - The Commission may forbear from applying the provisions of this Act, 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:

(a) Enforcement is not necessary to the attainment of the policy objectives of this Act;

(b) Forbearance will neither impede competition in the market where the entity or group of entities seeking exemption operates nor in related markets; and

(c) Forbearance is consistent with public interest and the benefit and welfare of the consumers.

A public hearing shall be held to assist the Commission in making this determination.

The Commission's order exempting the relevant entity or group of entities under this section shall be made public. Conditions may be attached to the forbearance if the Commission deems it appropriate to ensure the long-term interest of consumers.

In the event that the basis for the issuance of the exemption order ceases to be valid, the order may be withdrawn by the Commission.

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