What remedies are available to the ordinary consumer in the event an industry player is perceived to be or indulges in cartelization, predatory pricing, or price fixing?
The deregulation law prohibits cartelization and predatory pricing on the part of oil companies and dealers. The law defines cartelization as any agreement, combination or concerted action by refiners, importers and/or dealers, or their representatives, to fix prices, restrict outputs or divide markets, either by products or by areas, or allocate markets, either by products or by areas, in restraint of trade or free competition, including any contractual stipulation which prescribes pricing levels and profit margins. On the other hand, predatory pricing is selling or offering to sell any oil product at a price below the sellers or offerors average variable cost for the purpose of destroying competition, eliminating a competitor or discouraging a potential competitor from entering the market. However, pricing below average variable cost in order to match the lower price of the competitor, and not for the purpose of destroying competition, shall not be considered predatory pricing under
