Individuals who would testify against cartel operations and transactions may be given immunity in exchange for information on some businessmen or companies that enter into anti-competitive agreements, the Department of Justice-Office of Competition said on Tuesday.
Justice Undersecretary Markk Perete said that the DOJ-OFC has completed its work on the draft rules on the implementation of the criminal provisions of Republic Act No. 10667, otherwise known as the Philippine Competition Act.
The draft rules clarify the elements of the crime committed in entering into anti-competitive agreements, and the special rules governing the filing of information and venue for these cases.
Perete explained that under the draft rules, the “DOJ-OFC is empowered to grant immunity to cartel members in exchange for their testimony and evidence regarding an illegal act relating to competition.”
It also establishes the procedure for applications for immunity by cartel members who would provide information and assistance essential to the successful prosecution of competition cases, he added.
Likewise, the proposed rules enumerated the qualifications in order for a cartel member to qualify for immunity and the obligations expected from the person once he is granted immunity. It also cites the evidence that should be submitted and the process to be followed.
Citing an example, Perete said that, for instance, there are “three companies that entered into an agreement to peg the price of a product or its substitutes which agreement defeats competition. One of them may be granted immunity from prosecution in exchange for evidence regarding the offense. Which one to choose and how to grant it is specified in the rules.”
The DOJ-OFC had published the draft rules online and solicited comments from the public before it is finalized.
It will hold a consultative workshop on the draft rules today (Wednesday) at the Philippine International Convention Center.
