Article 12 - Free and Open Market

Free and open markets shall be recognized as common good. Society must ensure that private exchange of goods and services remains accessible to all citizens, fostering innovation, individual freedom, and shared prosperity.

Any actor that directly or indirectly engages more than one-seventh of the citizenry must provide competitors with fair, open, and secure access to that audience through standardized interfaces; failure to do so will trigger corrective measures by the applicable regulatory authority. When an enterprise’s reach extends to four-sevenths of the population—regardless of whether it honors open standards—its dominance is irreconcilable with competition, and it must be divided into at least two independent, non-overlapping entities to prevent excessive concentration of economic power.

Whenever a clearly defined market sustains fewer than three independent competitors, society may spark competition by subsidizing new entrants through transparent and limited public support—grants, tax incentives, or access to shared infrastructure—awarded by open process and subject to clear performance criteria.

No actor may engage in practices that foreclose competition, whether by controlling distribution channels for its own offerings, imposing exclusive or loyalty contracts, predatory pricing, tying or bundling of products, or abusing interoperability and standards to lock out rivals. Firms that use data-driven network effects, patent thickets, margin squeeze on inputs, or serial acquisitions of nascent competitors to entrench themselves shall be subject to corrective measures, including forced interoperability, divestiture, or other remedies. Any contract or practice that exploits vulnerabilities, endangers health or safety, or infringes fundamental rights shall be null and void.

Every market participant is entitled to clear information on prices, product origins, contractual terms, and data-sharing conditions. Dispute resolution must be readily available through impartial mediation or digital systems provided by the branch responsible for arbitration, ensuring swift and equitable outcomes.

Private enterprise must respect shared resources and civic obligations. Producers and service providers shall not deplete or damage essential infrastructure or public assets and must uphold stewardship duties.