The public welfare dimension of the competition clauses: An exposition and application of the proper constitutional treatment for industries with adverse public health impacts


Nadate, A. C. B., Yarcia, L. E. P., Guiang, A. J. B., Magtibay, M., & Lia Karen, S. (2016). Phil. LJ, 90, 797

This article presents a systematic exposition of the competition clauses under Section 19, Article X11 of the 1987 Philippine Constitution, as well as adjunct antitrust provisions under paragraph 2, Section 1, Article XIl and Section 11 (1), Article XVI. The analysis ultimately reframes the competition clauses as a cognate of (1) procompetition policy as commonly articulated in restraint of trade jurisprudence and (2) the public welfare. Read more