Philippine Bar review · Question

Practice question: Abuse of Dominant Position

Multiple Choice Medium Jurisprudence

Practice question

A dominant manufacturer charges less per unit for bulk orders because reliable evidence shows corresponding savings in packaging and delivery. A small buyer argues that every difference in price is prohibited. What is the best answer?
  1. Every price difference is necessarily abusive
  2. Dominance makes cost evidence irrelevant
  3. The small buyer must receive the lowest price regardless of cost
  4. Section 15(d) recognizes permissible differentials reasonably reflecting relevant cost differences; the facts do not establish abuse merely from unequal prices
  5. Only a foreign seller may use bulk pricing

Legal references

  • RA 10667, Philippine Competition Act, Sections 4, 14–15 and 24–27: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/63120

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