Question & AnswerQ&A (EXECUTIVE ORDER NO. 45)
The main purpose of Executive Order No. 45 is to designate the Department of Justice (DOJ) as the Competition Authority tasked with enforcing competition laws, preventing monopolies, cartels and combinations in restraint of trade, and promoting fair competition in the Philippines.
The Department of Justice (DOJ) was designated as the Competition Authority.
Section 20, Article II and Sections 13 and 19, Article XII of the 1987 Constitution support the designation by emphasizing the role of the private sector, trade policies that serve the general welfare, and regulation or prohibition of monopolies when public interest requires.
The DOJ's duties include investigating and prosecuting violations of competition laws, enforcing policies to protect consumers from unfair practices, supervising market competition, promoting transparency and accountability, preparing competition studies and reports, and fostering international cooperation related to trade.
EO No. 45 cites Republic Act No. 4152, Act No. 3247, and Article 186 of the Revised Penal Code as bases for DOJ's authority to study, investigate, prosecute, and legislate on monopolies and anti-competitive practices.
The Office for Competition is an office created under the Office of the Secretary of Justice to carry out the duties and responsibilities as the Competition Authority. It is staffed by legal and technical experts and is headed by a Chief/Head designated by the Secretary of Justice.
The initial funds for the Office are taken from the available DOJ funds, and thereafter, its annual operations funding shall be included in DOJ's annual budget appropriations.
The DOJ supervises market competition to ensure adherence to competition laws, may call on other government agencies for reports and assistance, and implements measures for transparency and accountability in the markets.
The DOJ has the power to investigate violations of competition laws, initiate preventive or remedial measures, and prosecute offenders to prevent, restrain, and punish monopolistic and anti-competitive acts.
Yes, EO No. 45 repeals, amends, or modifies all orders, rules, regulations, and issuances that are inconsistent with its provisions.
The separability clause provides that if any provision of the Executive Order is declared invalid or unconstitutional, the other unaffected provisions shall remain valid and subsisting.
It took effect immediately upon publication in a newspaper of general circulation.