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Philippine Bar review · Question

Practice question: Prohibited Mergers and Acquisitions; Exemptions

Multiple Choice Easy

Practice question

Does Section 21(b)’s failing-entity route refer only to failure that has already fully occurred?
  1. Yes, imminent failure is excluded
  2. Yes, only liquidation qualifies
  3. Yes, only bankruptcy adjudication is named
  4. Yes, a shutdown must always be complete
  5. No; it refers to actual or imminent financial failure, with the additional least-anticompetitive-arrangement requirement

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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