LPGMA’s Ty may be respondent in country’s first anti-cartel case
Category: Economy 30 Jul 2014
Written by Joel R. San Juan
THE Department of Justice (DOJ) has recommended the filing of criminal charges against Party-list Rep. Arnel Ty of the LPG Marketer’s Association and eight others for the alleged price fixing of liquefied petroleum gas (LPG) being sold to the public.
Federation of Philippin Industries Chairman Jesus Lim Arranza immediately welcomed the DOJ’s finding of probable cause against Ty and his co-respondents, saying that its action is consistent with the Constitution and existing laws prohibiting combinations in restrain in trade or unfair competition
The DOJ specifically recommended the filing of complaint against the respondents for violation Section 11 (a) of Republic Act (RA) 8479; and Article 186 (1) of the Revised Penal Code (RPC).
Section 11 (a) of RA 8479 defines cartelization as “any agreement, combination or concerted action by refiners, importers and/or dealers, or their representatives to fix prices, restrict ouputs or divide markets, either by products or by areas, or allocate markets, either by products or by areas, in restraint of trade or free competition, including any contractual stipulation which prescribed pricing levels and profit margins.”
On the other hand, Article 186 of the RPC imposes prison correctional or a fine ranging from P200 to P6,000 against “any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market.”
“I expect the DOJ to soon file the charges before the courts so that trial can proceed,” Arranza said.
Source: http://businessmirror.com.ph/index.php/en/news/economy/36295-lpgma-s-ty-may-be-respondent-in-country-s-first-anti-cartel-case
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