The Philippine Competition Commission (PCC) will create a digital forensics laboratory to maximize the use of electronic evidence for the prosecution of cartels or abuses of dominance by big businesses.
In news statement issued on Wednesday, PCC said, “The laboratory is composed of specialized forensics equipment, software, and other tools useful for operatives.”
The antitrust authority added that PCC investigators would undergo proficiency trainings and accreditation on the use of digital forensics equipment.
“The development of PCC’s digital forensics capacity is a major asset for our enforcement team. The use of digital forensics allows our investigators to uncover trails of electronic transactions or documents that point to cartels or collusions,” PCC Officer in Charge Johannes R. Bernabe said.
Under the Philippine Competition Act (PCA) and Supreme Court A.M. No. 19-08-06-SC, the PCC is empowered to conduct unannounced inspections of premises as part of its investigative tools.
In a ceremony on Wednesday, PCC’s Bernabe and the National Bureau of Investigation (NBI) Director Medardo G. de Lemos, sealed a memorandum of agreement (MOA) to institutionalize a partnership in enforcing the Philippine Competition Act between the antitrust authority and the primary investigative body of the country.
Bernabe underscored the win-win deal formed between the two agencies in terms of enforcement capacity.
“With PCC’s expertise in market investigation and processing of economic data, and NBI’s extensive network and experience in on-the-ground investigations, this partnership will mutually strengthen our enforcement capacity towards our shared goal of cracking down on cartels and other violations of the PCA,” Bernabe said.
The partnership broadens PCC’s long-time cooperation with the Department of Justice (DOJ). With the inclusion of the DOJ’s investigating arm in the cooperation framework, PCC may now enlist the aid of NBI in a more comprehensive investigation of anti-competitive conduct.
PCC and NBI will first form a Competition Task Force to work together within their respective mandates. The two bodies will then conduct joint case conferences, monitoring, specialized trainings, and capacity-building activities.
In a bid to crack down on cartels, the antitrust body had earlier entered into partnerships with other government bodies such as the Office of the Ombudsman (OMB) and the Department of Justice (DOJ).
In a statement in 2018, the antitrust authority said PCC’s collaboration with the Ombudsman and DOJ could boost the detection, investigation, and prosecution of anti-competitive practices, monopolization, corruption in the private sector, and combinations in restraint of trade in the country.
PCC’s primary mandate is to promote and to maintain market competition by regulating anti-competitive agreements like bid rigging, abuses of dominant position, and anti-competitive mergers and acquisitions.