Designating The Department Of Justice As The Competition Authority

MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 45

DESIGNATING THE DEPARTMENT OF JUSTICE AS THE COMPETITION AUTHORITY

WHEREAS, Section 20, Article II of the 1987 Constitution provides that the State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments;

WHEREAS, Sections 13 and 19, Article XII of the 1987 Constitution provide that the State shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity and shall regulate or prohibit monopolies when the public interest so requires;

WHEREAS, recent developments from the World Trade Organization (WTO), the ASEAN Free Trade Area (AFTA), and the trade liberalization initiatives under the Asia Pacific Economic Cooperation (APEC) forum advocate competition in domestic and international trade;

WHEREAS, there is a need to promote competition and level the playing field in the market;

WHEREAS, Republic Act No. 4152 approved on 20 June 1964 vests upon the Secretary of Justice the duty “to...

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Summary of Executive Order No. 45

Designation of Competition Authority
- The Department of Justice (DOJ) is designated as the Competition Authority. (Section 1)
- The DOJ has the following duties and responsibilities as the Competition Authority:
• Investigate and prosecute violations of competition laws to prevent monopolization, cartels, and restraints of trade. (Section 1a)
• Enforce competition policies and laws to protect consumers from abusive, fraudulent, or harmful corrupt business practices. (Section 1b)
• Supervise competition in markets by ensuring adherence to competition laws, and call on other government agencies for reports and assistance. (Section 1c)
• Monitor and implement measures to promote transparency and accountability in markets. (Section 1d)
• Prepare, publish, and disseminate studies and reports on competition to inform and guide the industry and consumers. (Section 1e)
• Promote international cooperation and strengthen Philippine trade relations with other countries, economies, and institutions in trade agreements. (Section 1f)

Office for Competition
- An Office for Competition is created under the Office of the Secretary of Justice to carry out the duties and responsibilities set forth in Section 1. (Section 2)
- The Office shall be staffed with legal and technical experts, consultants, and resource persons. (Section 2)
- The Secretary of Justice shall designate the Chief/Head and members of the Office. (Section 2)

Funding
- Initial funds for the operations of the Office for Competition shall be taken from available funds of the DOJ. (Section 3)
- Thereafter, necessary funds for the annual operations of the Office shall be included in the annual budgetary appropriations of the DOJ. (Section 3)

Separability Clause, Repealing Clause, and Effectivity
- If any provision is declared invalid or unconstitutional, the other provisions shall remain valid and subsisting. (Section 4)
- All orders, rules, regulations, and issuances inconsistent with this Executive Order are repealed, amended, or modified accordingly. (Section 5)
- This Executive Order shall take effect immediately upon publication in a newspaper of general circulation. (Section 6)