Philippine Bar review · Question

Practice question: Abuse of Dominant Position

Multiple Choice Medium

Practice question

A firm’s superior technology creates a genuine performance advantage that rivals cannot match. No other exclusionary act is shown. Under Section 15(b), must that advantage itself be treated as an unlawful entry barrier?
  1. Yes, all competitive advantages are forbidden
  2. Yes, superior products are illegal
  3. No; the provision expressly excepts barriers arising from superior products or processes, business acumen or legal rights or laws
  4. Yes, whenever a rival complains
  5. Only if the firm chooses to abandon the technology

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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