Philippine Bar review · Question

Practice question: Per Se and Not Per Se Violations

Multiple Choice Medium

Practice question

Competing manufacturers agree to cap output. The issue is classification under Section 14(b), rather than bid manipulation or price fixing. What must the statutory analysis address?
  1. Whether the factories use identical paint
  2. Whether every shareholder approves the agreement
  3. Only whether the agreement is written
  4. Whether the output restraint has the object or effect of substantially preventing, restricting or lessening competition
  5. Only whether one participant is foreign-owned

Legal references

  • RA 10667, Section 14(b)(1): https://lawphil.net/statutes/repacts/ra2015/ra_10667_2015.html

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