Philippine Bar review · Question

Practice question: Determining Anticompetitive Agreement or Conduct

Multiple Choice Medium Jurisprudence

Practice question

In an effects-based inquiry under Section 14(c), a distribution arrangement produces substantiated delivery efficiencies and potential competitive harm. May the Commission ignore the efficiencies solely because a rival objects?
  1. Yes, because any objection establishes illegality
  2. Yes, because efficiencies are never relevant
  3. No; it must assess the substantial adverse competitive impact and the actual or potential efficiency gains under the applicable provisions
  4. No; any claimed efficiency automatically makes the arrangement lawful
  5. Yes, because only completed harm counts

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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