Philippine Bar review · Question

Practice question: Per Se and Not Per Se Violations

Multiple Choice Hard

Practice question

Two subsidiaries are controlled by the same entity, share common economic interests and are not otherwise able to decide or act independently. For Section 14, the prosecution treats their internal allocation as an agreement between competitors solely because they have separate corporate names. What does the final paragraph of Section 14 provide?
  1. Separate incorporation always makes them competitors for this section
  2. Entities satisfying the stated common-control, common-interest and non-independence conditions are not considered competitors for this section
  3. The paragraph legalizes all possible conduct under every law
  4. Common ownership alone invariably proves every condition
  5. The paragraph applies only to natural persons

Legal references

  • RA 10667, Section 14, final paragraph: https://lawphil.net/statutes/repacts/ra2015/ra_10667_2015.html

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