Philippine Bar review · Question

Practice question: Per Se and Not Per Se Violations

Multiple Choice Hard

Practice question

A producer and its independent distributor agree on a distribution restraint. They are not competitors and the agreement is not within Section 14(a) or (b). The distributor says no agreement between noncompetitors can ever be prohibited. Which is correct?
  1. Section 14(c) reaches other agreements with the stated substantial anticompetitive object or effect, subject to its proviso
  2. Noncompetitor agreements are universally immune
  3. Every distributor agreement is automatically per se illegal
  4. Only corporate identity decides the case
  5. The Act governs only auctions

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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