Philippine Bar review · Question

Practice question: Determining Anticompetitive Agreement or Conduct

Multiple Choice Medium

Practice question

Two rivals raise prices after the same input-cost shock. Independent records show each separately responded commercially; no agreement is otherwise established. The investigator treats matching prices alone as necessarily proving an agreement. What is the best statutory correction?
  1. Every parallel price movement is conclusively a cartel
  2. The totality of evidence and reasonable commercial purpose must be assessed; parallel movement alone does not eliminate the need to establish the alleged agreement
  3. Input costs may never be considered
  4. The companies must merge
  5. Only a written denial counts as evidence

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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