Prohibited Mergers and Acquisitions; Exemptions

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1. Does Section 21(b)’s failing-entity route refer only to failure that has already fully occurred? Multiple Choice Easy
2. An investor calls an acquisition passive but uses the shares to elect controlling directors and direct the target’s pol… Multiple Choice Medium
3. An acquisition was made before the Act’s approval. Officials claim Section 21 necessarily orders immediate divestment s… Multiple Choice Medium
4. The parties prove imminent financial failure and, on the complete known-alternative record, show their deal is the leas… Multiple Choice Hard
5. A transaction made wholly abroad has direct, substantial and reasonably foreseeable effects on Philippine commerce. Par… Multiple Choice Hard
6. An investor labels a share acquisition passive but uses it to exercise voting control. Explain why the investment-only … Essay Hard
7. Explain the role of imminent financial failure in Section 21(b). Must the enterprise already have completely shut down? Essay Hard
8. A merger is signed offshore but has direct, substantial and reasonably foreseeable Philippine commercial effects. Expla… Essay Hard