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Philippine Bar review · Question

Practice question: Prohibited Mergers and Acquisitions; Exemptions

Multiple Choice Medium

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?
  1. Yes, financial trouble defeats every restriction
  2. Yes, if the managers agree
  3. Yes, the least-anticompetitive requirement is optional
  4. No, the statutory failing-entity ground also requires the least anticompetitive arrangement among known alternative asset uses
  5. 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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