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Philippine Bar review · Question

Practice question: Prohibited Mergers and Acquisitions; Exemptions

Multiple Choice Hard

Practice question

A transaction made wholly abroad has direct, substantial and reasonably foreseeable effects on Philippine commerce. Parties claim that offshore signing alone excludes every merger-prohibition inquiry under the Act. Which is correct?
  1. Foreign signing always creates complete immunity
  2. Only Philippine ink can trigger the Act
  3. Corporate labels determine territorial reach conclusively
  4. Section 3 expressly reaches international trade with the stipulated Philippine effects, so offshore execution alone does not defeat the inquiry.
  5. Every foreign transaction is automatically prohibited without analysis

Legal references

  • Philippine Competition Act, RA 10667, Sections 3 and 20-23: https://lawphil.net/statutes/repacts/ra2015/ra_10667_2015.html

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