Monopolies And Combinations In Restraint Of Trade
On Criminal Law
ART.186.
ACTS PUNISHED:
1. Conspiracy or combination to prevent free competition in the market
2. Monopoly to restrain free competition in the market
3. Manufacturer, producer, or processor or importer combining, conspiring or agreeing
with any person to make transactions prejudicial to lawful commerce or to increase
the market price of merchandise
NOTES:
Combination to prevent free competition in the market
- By entering into a contract or agreement or taking 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; It is enough that
initial steps are taken. It is not necessary that there be actual restraint
of trade.
Monopoly to restrain free competition in the market
- By monopolizing any merchandise or object of trade or commerce, or by combining
with any person or persons to monopolize said merchandise or object in order to
alter the prices thereof by spreading false rumors or making use of any other
artifice to restrain free competition in the market
Manufacturer, producer, or processor or importer combining, conspiring or agreeing
with any person to make transactions prejudicial to lawful commerce or to increase
the market price of the merchandise.
Also liable as principals:
a. corporation/association
b. agent/representative
c. director/manager who willingly permitted or failed to prevent commission of above offense
When offense is committed by a corporation or association, the president and directors or
managers are liable.
Mere conspiracy or combination is punished
Crime is aggravated if the items involved are:
a. food substance
b. motor fuel or lubricants
c. goods of prime necessity
RA 3720 - created Food and Drug Administration
RA 6361 - created Price Control Council
RA 1180 - an Act to regulate the Retail Business
MONOPOLY - is a privilege or peculiar advantage vested in one or more persons or
companies, consisting in the exclusive right or power to carry on a particular business
or trade, manufacture a particular article, or control the sale or the whole supply of a particular commodity. It is a form of market structure in which one or only a few firms
dominate the total sales of a product or service.
COMBINATION IN RESTRAINT OF TRADE - is an agreement or understanding between
two or more persons,in the form of a contract, trust, pool, holding company or other form of
association, for the purpose of unduly restricting competition, monopolizing trade and
commerce in a certain commodity, controlling its production, distribution and price, or otherwise interfering with freedom of trade without statutory authority. Combination in restraint of trade
refers to the means while monopoly refers to the end.
ACTS PUNISHED:
1. Conspiracy or combination to prevent free competition in the market
2. Monopoly to restrain free competition in the market
3. Manufacturer, producer, or processor or importer combining, conspiring or agreeing
with any person to make transactions prejudicial to lawful commerce or to increase
the market price of merchandise
NOTES:
Combination to prevent free competition in the market
- By entering into a contract or agreement or taking 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; It is enough that
initial steps are taken. It is not necessary that there be actual restraint
of trade.
Monopoly to restrain free competition in the market
- By monopolizing any merchandise or object of trade or commerce, or by combining
with any person or persons to monopolize said merchandise or object in order to
alter the prices thereof by spreading false rumors or making use of any other
artifice to restrain free competition in the market
Manufacturer, producer, or processor or importer combining, conspiring or agreeing
with any person to make transactions prejudicial to lawful commerce or to increase
the market price of the merchandise.
Also liable as principals:
a. corporation/association
b. agent/representative
c. director/manager who willingly permitted or failed to prevent commission of above offense
When offense is committed by a corporation or association, the president and directors or
managers are liable.
Mere conspiracy or combination is punished
Crime is aggravated if the items involved are:
a. food substance
b. motor fuel or lubricants
c. goods of prime necessity
RA 3720 - created Food and Drug Administration
RA 6361 - created Price Control Council
RA 1180 - an Act to regulate the Retail Business
MONOPOLY - is a privilege or peculiar advantage vested in one or more persons or
companies, consisting in the exclusive right or power to carry on a particular business
or trade, manufacture a particular article, or control the sale or the whole supply of a particular commodity. It is a form of market structure in which one or only a few firms
dominate the total sales of a product or service.
COMBINATION IN RESTRAINT OF TRADE - is an agreement or understanding between
two or more persons,in the form of a contract, trust, pool, holding company or other form of
association, for the purpose of unduly restricting competition, monopolizing trade and
commerce in a certain commodity, controlling its production, distribution and price, or otherwise interfering with freedom of trade without statutory authority. Combination in restraint of trade
refers to the means while monopoly refers to the end.
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