Prohibition Against Monopolies and Combinations in Restraint of Trade

December 1, 1925

ACT NO. 3247

AN ACT TO PROHIBIT MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

(AS AMENDED)

SECTIONS 1, 2 and 3 (Repealed).

SECTION 4. The Supreme Court and the Courts of First Instance shall have concurrent jurisdiction to prevent and restrain violations of this Act; and it shall be the duty of the Attorney-General, the Fiscal of the City of Manila and the provincial fiscal, or whoever may act in their stead, to institute proceedings to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition, the court shall proceed as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any time make such temporary restraining order or prohibition as shall be deemed just in the premises.

SECTION 5. (Repealed)

SECTION 6. Any person who shall be injured in his business or property by any other person by reason of anything forbidden or declared to be unlawful by this Act, shall recover threefold the damages by him sustained and the costs of suit, including a reasonable attorney's fee.

SECTION 7. The word "person", or "persons", wherever used in this Act, shall be deemed to include corporations and associations.

SECTION 8. This Act shall take effect on its approval.

Approved: December 1, 1925

The foregoing Secs. 1, 2, 3, and Sec. 5 of this Act are repealed and superseded by Art. 367 of Act No. 3815 (Revised Penal Code), as amended by Republic Act No. 1956, Approved June 22, 1957, provides:

"Art. 186. Monopolies and combination in restraint of trade. — The penalty of prision correccional in its minimum period or a fine ranging from P200 to P6,000 pesos, or both, shall be imposed upon:

1. 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 market;

2. Any person who shall monopolize any merchandise or object of trade or commerce, or shall combine with any other person or persons to monopolize said merchandize or object in order to alter the price thereof by spreading false rumors or making use of any other article to restrain free competition in the market;

3. Any person who, being a manufacturer, producer, or processor of any merchandise or object of commerce or an importer of any merchandise or object of commerce from any foreign country, either as principal or agent, wholesaler or retailer, shall combine, conspire or agree in any manner with any person likewise engaged in the manufacture, production, processing, assembling or importation of such merchandise or object of commerce or with any other persons not so similarly engaged for the purpose of making transactions prejudicial to lawful commerce, or of increasing the market price in any part of the Philippines, of any such merchandise or object of commerce manufactured, produced, processed, assembled in or imported into the Philippines, or of any article in the manufacture of which such manufactured, produced, processed, or imported merchandise or object of commerce is used.

If the offense mentioned in this Article affects any food substance, motor fuel or lubricants, or other articles of prime necessity, the penalty shall be that of prision mayor in its minimum and medium periods, it being sufficient for the imposition thereof that the initial steps have been taken toward carrying out the purposes of the combination. cd

Any property possessed under any contract or by any combination mentioned in the preceding paragraphs, and being the subject thereof, shall be forfeited to the Government of the Philippines.

Whenever any of the offenses described above is committed by a corporation or association, the president and each one of the directors or managers of said corporation or association or its agent or representative in the Philippines in case of a foreign corporation or association, who shall have knowingly permitted or failed to prevent the commission of such offenses, shall be held liable as principals thereof." (As amended by Rep.Act No. 1956)