Practice question
A merging party is in actual financial failure. The parties invoke Section21(b) but admit a known feasible asset arrangement would be less anticompetitive. Is failure alone sufficient?
- Yes, financial trouble defeats every restriction
- Yes, if the managers agree
- Yes, the least-anticompetitive requirement is optional
- No, the statutory failing-entity ground also requires the least anticompetitive arrangement among known alternative asset uses
- No, financial failure can never be considered
Legal references
- RA10667, Section21(b): https://lawphil.net/statutes/repacts/ra2015/ra_10667_2015.html
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