Philippine rules target cartel whistleblowers

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On 27 December 2018, the Philippine Competition Commission (PCC) issued the Rules of the Leniency Programme. The rules fully implement the PCC’s leniency programme as provided under the Philippine Competition Act.

The rules offer persons and entities that are former or current participants in cartels immunity from suit, or reduction of administrative fines, in exchange for voluntary disclosure of information regarding the cartels. The PCC hopes the rules will encourage and assist in the investigation and prosecution of cartels.

The rules took effect on 18 January 2019. Businesses are provided with an opportunity to avoid or reduce liability from previous or current cartel participation by complying with the conditions for leniency. The rules provide a significant disincentive for cartel participation, as businesses should be wary that other participants may be considering availing themselves of leniency. Similarly, businesses considering availing themselves of leniency should expedite their applications since the rules implement a “first to file” programme, which may allow only one beneficiary of immunity from suit and one beneficiary of reduction of fines for each reported violation.

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