Philippine Bar review · Question

Practice question: Per Se and Not Per Se Violations

Multiple Choice Hard

Practice question

A trade association’s competing members adopt and implement an informal collective recommendation to use a uniform service fee. The arrangement and restriction as to price are established. They defend solely on the recommendation’s noncontractual label. Which is sound?
  1. Every recommendation is outside the definition
  2. The definition includes collective recommendations and informal arrangements, so the label alone does not defeat Section 14(a)(1)
  3. All association members automatically become a single entity
  4. Only a notarized agreement can matter
  5. A service fee is never a price

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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