Practice question
In a non-per-se case, respondents submit a detailed credible efficiency study while the investigator establishes substantial foreclosure. Respondents say filing the study automatically ends the case; the investigator says foreclosure automatically makes the study inadmissible. Which is sound?
- Only the respondents’ claim matters
- Only foreclosure matters
- Both claims create universal immunity
- Section 26 requires assessing whether substantial adverse impact outweighs actual or potential efficiency gains on the total evidence
- The study must be accepted as true without examination
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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