Philippine Bar review · Question

Practice question: Abuse of Dominant Position

Multiple Choice Medium Jurisprudence

Practice question

A firm gains customers because it develops a superior production process. Assume its growth involves no conduct substantially preventing, restricting or lessening competition. Is that growth alone prohibited abuse?
  1. Yes, because every market-share increase is forbidden
  2. Yes, because innovation is irrelevant
  3. No; legitimate growth through a superior process without the prohibited competitive harm is preserved
  4. No, because successful firms can never violate the Act later
  5. Yes, unless all competitors approve

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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