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    Enrile’s antitrust bill
    gets government backing
     
    By Butch Fernandez
    Reporter
     

    SEN. Juan Ponce Enrile elicited the support of several government agencies and private-sector representatives behind an antitrust bill prohibiting monopolies and price manipulations.

    Enrile earlier filed Senate Bill No. 123, seeking to “prohibit monopolies or attempts to monopolize an industry or line of commerce, manipulation of prices of prime commodities, asset acquisition and price discrimination among customers and providing penalties for violations thereof.”

    After eliciting endorsements for the bill in a public hearing, Enrile enlisted the expertise of Justice department officials to head a technical working group that would help refine the provisions of his bill, taking into consideration the suggestions and recommendations of the different stakeholders.

    “The enactment of the bill would prevent abuses, such as those perpetrated by Meralco, including overcharging of customers, price manipulations, ghost deliveries, book manipulations and charging of system  losses to customers, amounting to billons of pesos, and others,” Enrile said.  He reported that the Department of Energy (DOE) had endorsed a move increasing the penalties proposed in his bill for violations of its provisions once it is enacted into law.

    Enrile explained that, under the bill, any illegal acts committed by monopolies or cartels, for instance, in the electricity sector, will be divided into two parts, namely, power generation which will be governed by the provisions of his bill, and power distribution which would be regulated by the Energy Regulatory Commission as is now being done.

    According to Enrile, among the government agencies that expressed support for the bill are the DOE, the Energy Regulatory Commission, Department of Trade and Industry (DTI), the Philippine Trade Commission (PTC), the National Economic and Development Authority, the Tariff Commission and the Bangko Sentral ng Pilipinas.

    He added the bill also gained support from the private sector, including lawyer Anthony Abad of the Trade Advisory Services and Dr. Erlinda Medalla of the Philippine Institute of Development Studies.  Both also proposed the creation of a fair-trade commission.

    Enrile indicated he is also considering the DTI’s suggestion for the creation of an antitrust commission similar to the Federal Trade Commission of the United States.

    As proposed, the PTC shall serve as a central agency that will enforce the implementation of antitrust laws.

    At present there is no single agency that will enforce antitrust laws, and the power is distributed to various agencies.

    The senator added the PRC, for its part, suggested that a provision be included covering licensed professionals, while provisions for administrative, criminal and civil liabilities should also be included.

    It was also suggested that the lines of supervision in the implementation of the bill should be made clear to ensure proper and effective implementation of the bill once enacted into law, Enrile said.

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