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Philippine Bar review · Question

Practice question: Abuse of Dominant Position

Multiple Choice Hard Jurisprudence

Practice question

Assume dominance is established. A supplier sells below cost after a competitor offers a lower price for a comparable product of like quality. Internal records show the supplier intended in good faith to meet that price and not to drive competition out. The investigator says below-cost pricing automatically proves Section 15(a) abuse and refuses to consider those records. Which response is correct?
  1. The investigator must consider the statutory qualification concerning absence of an exclusionary object and good-faith competitive pricing
  2. Every below-cost price is automatically lawful
  3. Dominance prevents any price competition
  4. A competitor's lower price excuses every form of abusive conduct
  5. The Act applies only after the competitor closes

Legal references

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

Answer this question in flashcards to review your response and continue practicing.