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Philippine Bar review · Question

Practice question: Abuse of Dominant Position

Multiple Choice Hard

Practice question

A dominant supplier’s contract is labeled a franchise. It imposes a restriction alleged substantially to foreclose rivals. The supplier says the label alone proves it is a permissible franchise and immunizes every clause, while the investigator says every exclusive distribution term is automatically illegal. Which is sound under Section 15(e)?
  1. Every franchise label creates unlimited immunity
  2. Every exclusive contract is automatically prohibited
  3. Only the contract title may be read
  4. No contract evidence is relevant
  5. The Commission must examine the restriction and the statutory qualifications; neither categorical position substitutes for that inquiry

Legal references

  • RA 10667, Philippine Competition Act, Sections 4, 14-15 and 24-27: https://lawphil.net/statutes/repacts/ra2015/ra_10667_2015.html

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