PCC can now carry dawn raids

Published October 25, 2019, 12:00 AM

by manilabulletin_admin

By Bernie Cahiles-Magkilat

The Philippine Competition Commission (PCC) can carry out dawn raids on entities suspected of violating the country’s antitrust law following a Supreme Court ruling.

In a statement, PCC said it gets a boost from the Supreme Court through its issuance of rules governing the conduct of searches and inspections, strengthening PCC’s ability to conduct dawn raids.

Beginning November 16, the Rule on Administrative Search and Inspection under the Philippine Competition Act (PCA) shall take effect, enabling the implementation of Section 12(g) of the PCA which gives the PCC the power to conduct dawn raids upon order of the court.

The rules govern the application, issuance, and enforcement of inspection orders for administrative investigations of alleged violations of the PCA.

Inspection orders will allow the PCC and its deputized agents to enter, search and inspect business premises, offices, land and vehicles to examine, copy, photograph, record or print information in order to prevent their removal, concealment, tampering with or destruction.

Dawn raids or unannounced on-site inspections are widely used by competition authorities around the world to uncover evidence in aid of investigation and prosecution of anticompetitive agreements and conduct such as cartels and abuses of dominance.