Practice question
A firm has 45% of a properly defined market, and no different sector threshold applies. It says dominance is legally impossible because it falls below the default presumption. Which is correct?
- Below 50% always guarantees immunity
- The default presumption does not arise, but dominance may still be assessed on the statutory factors
- 45% automatically proves abuse
- Every share below 50% is treated as zero
- Market conditions cannot be examined
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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