Fostering Competition in the Philippines : The Challenge of Restrictive Regulations

The objective of this report is to identify existing regulatory restraints to competition in key sectors and the economy as a whole and use them to design an effective competition policy for the Philippines. The report builds on Product Market Regu...

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Main Author: World Bank Group
Format: Working Paper
Language:English
Published: World Bank, Washington, DC 2019
Subjects:
Online Access:http://documents.worldbank.org/curated/en/478061551366290646/Fostering-Competition-in-the-Philippines-The-Challenge-of-Restrictive-Regulations
http://hdl.handle.net/10986/31353
id okr-10986-31353
recordtype oai_dc
spelling okr-10986-313532021-09-17T05:11:18Z Fostering Competition in the Philippines : The Challenge of Restrictive Regulations World Bank Group COMPETITION POLICY REGULATION PRIVATE SECTOR DEVELOPMENT MARKET POWER STATE-OWNED ENTERPRISES MARKET ENTRY TRADE POLICY INVESTMENT CLIMATE ELECTRICITY TELECOMMUNICATIONS TRANSPORT PROFESSIONAL SERVICES The objective of this report is to identify existing regulatory restraints to competition in key sectors and the economy as a whole and use them to design an effective competition policy for the Philippines. The report builds on Product Market Regulation (PMR) indicators and the WBG’s Markets and Competition Policy Assessment Tool (MCPAT) applied to the Philippine markets to (i) develop the main aspects of the advocacy role of the Philippine Competition Commission (PCC) against current market features; (ii) map regulatory restrictions to competition and classify them according to their effects; (iv) contextualize competition restraints within each sector to offer a set of policy recommendations; and (v) quantify the potential impact of a more pro-competitive regulatory environment for the Philippines’ economy. As the country did not have a competition law until 2015, the recently created PCC faces a challenging environment in which to implement its mandate. The two-year transitory period to start enforcement, as well as the potential to grant broad exemptions from the law under the forbearance clause, have hindered the ability of the PCC to prevent anticompetitive conduct of market players, either public or private. In this context, the advocacy role of the PCC offers a critical mechanism to address those regulatory conditions that may be enabling anticompetitive behavior. Limited market competition can stem from restrictive regulations or discretionary application of the regulatory framework that render entry and operation of new firms difficult. Ensuring government policies and regulations do not generate barriers to entry or distort the level playing field is necessary to enhance private sector participation and unlock investment opportunities. 2019-03-07T18:31:31Z 2019-03-07T18:31:31Z 2018-11 Working Paper http://documents.worldbank.org/curated/en/478061551366290646/Fostering-Competition-in-the-Philippines-The-Challenge-of-Restrictive-Regulations http://hdl.handle.net/10986/31353 English CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo World Bank World Bank, Washington, DC Publications & Research Publications & Research :: Working Paper East Asia and Pacific Philippines
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language English
topic COMPETITION POLICY
REGULATION
PRIVATE SECTOR DEVELOPMENT
MARKET POWER
STATE-OWNED ENTERPRISES
MARKET ENTRY
TRADE POLICY
INVESTMENT CLIMATE
ELECTRICITY
TELECOMMUNICATIONS
TRANSPORT
PROFESSIONAL SERVICES
spellingShingle COMPETITION POLICY
REGULATION
PRIVATE SECTOR DEVELOPMENT
MARKET POWER
STATE-OWNED ENTERPRISES
MARKET ENTRY
TRADE POLICY
INVESTMENT CLIMATE
ELECTRICITY
TELECOMMUNICATIONS
TRANSPORT
PROFESSIONAL SERVICES
World Bank Group
Fostering Competition in the Philippines : The Challenge of Restrictive Regulations
geographic_facet East Asia and Pacific
Philippines
description The objective of this report is to identify existing regulatory restraints to competition in key sectors and the economy as a whole and use them to design an effective competition policy for the Philippines. The report builds on Product Market Regulation (PMR) indicators and the WBG’s Markets and Competition Policy Assessment Tool (MCPAT) applied to the Philippine markets to (i) develop the main aspects of the advocacy role of the Philippine Competition Commission (PCC) against current market features; (ii) map regulatory restrictions to competition and classify them according to their effects; (iv) contextualize competition restraints within each sector to offer a set of policy recommendations; and (v) quantify the potential impact of a more pro-competitive regulatory environment for the Philippines’ economy. As the country did not have a competition law until 2015, the recently created PCC faces a challenging environment in which to implement its mandate. The two-year transitory period to start enforcement, as well as the potential to grant broad exemptions from the law under the forbearance clause, have hindered the ability of the PCC to prevent anticompetitive conduct of market players, either public or private. In this context, the advocacy role of the PCC offers a critical mechanism to address those regulatory conditions that may be enabling anticompetitive behavior. Limited market competition can stem from restrictive regulations or discretionary application of the regulatory framework that render entry and operation of new firms difficult. Ensuring government policies and regulations do not generate barriers to entry or distort the level playing field is necessary to enhance private sector participation and unlock investment opportunities.
format Working Paper
author World Bank Group
author_facet World Bank Group
author_sort World Bank Group
title Fostering Competition in the Philippines : The Challenge of Restrictive Regulations
title_short Fostering Competition in the Philippines : The Challenge of Restrictive Regulations
title_full Fostering Competition in the Philippines : The Challenge of Restrictive Regulations
title_fullStr Fostering Competition in the Philippines : The Challenge of Restrictive Regulations
title_full_unstemmed Fostering Competition in the Philippines : The Challenge of Restrictive Regulations
title_sort fostering competition in the philippines : the challenge of restrictive regulations
publisher World Bank, Washington, DC
publishDate 2019
url http://documents.worldbank.org/curated/en/478061551366290646/Fostering-Competition-in-the-Philippines-The-Challenge-of-Restrictive-Regulations
http://hdl.handle.net/10986/31353
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