Practice question
Independent competing sellers orally agree on a common fuel surcharge added to every invoice. The agreement is proved. They argue the per se rule covers only the base price. Which is correct?
- Surcharges are always exempt
- Only a printed tariff can violate the Act
- Oral agreements are excluded
- Section 14(a)(1) expressly includes price components and other terms of trade
- Only dominant firms can enter a prohibited agreement
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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