Per Se and Not Per Se Violations

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1. Which agreement between competitors is expressly prohibited per se by Section 14(a) of the Philippine Competition Act?
2. Competitors agree to take turns submitting the winning bid in a procurement auction. Which statutory example directly a…
3. Under Section 14(b), the specified agreements between competitors are prohibited when they have what object or effect?
4. Competing manufacturers agree to cap output. The issue is classification under Section 14(b), rather than bid manipulat…
5. An agreement falls under Section 14(c), rather than the categories in (a) or (b). The parties invoke improved distribut…
6. Two competing wholesalers, outside any auction or bidding process, agree that one will sell only in the north and the o…
7. Two subsidiaries are controlled by the same entity, share common economic interests and are not otherwise able to decid…
8. Distinguish the per se agreements under Section 14(a) from the competitor agreements under Section 14(b).
9. Explain the efficiency proviso in Section 14(c), including its limits.
10. Explain why common ownership alone should not replace the final paragraph’s full test for determining whether entities …
11. Must an agreement under Section 4(b) of the Philippine Competition Act always be a signed written contract?
12. Which bid-rigging example in Section 14(a)(2) involves a competitor deliberately refraining from bidding under the comp…