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Philippine Bar review · Question

Practice question: Prohibited Mergers and Acquisitions; Exemptions

Multiple Choice Medium

Practice question

An investor calls an acquisition passive but uses the shares to elect controlling directors and direct the target’s policies. It relies solely on Section 21’s investment-only proviso. Which is correct?
  1. The claimed proviso’s nonvoting and noncontrol conditions are not met.
  2. Calling it passive conclusively proves the exemption
  3. All securities investments are immune regardless of use
  4. Only purchase price determines the proviso
  5. The investor may ignore the actual use

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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