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Philippine Bar review · Question

Practice question: Determining Control and Market Dominance

Multiple Choice Hard

Practice question

A company owns only 20% of another but an enforceable governance arrangement lets it cast a majority of votes at board meetings. It argues control is impossible because it cannot appoint directors alone. Which Section 25 analysis is correct?
  1. Appointment power is the only possible control route
  2. Minority investment can never confer control
  3. Only company size matters
  4. Power to cast majority board votes is a separate statutory control basis
  5. All contracts are irrelevant to control

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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