Philippine Bar review · Question

Practice question: Determining Control and Market Dominance

Multiple Choice Medium

Practice question

A firm has 55% of the properly defined relevant market. No different sector threshold applies. It offers evidence of strong customer switching and powerful competitors. What is the proper treatment?
  1. Its dominance is conclusively established.
  2. Its evidence must be rejected because shares alone are controlling.
  3. It is automatically guilty of abuse.
  4. It cannot be investigated unless it has 100% market share.
  5. The dominance presumption arises, but the evidence must be considered because the presumption is rebuttable.

Legal references

  • RA 10667, Sections 4(f)–(g), 25 and 27; https://lawphil.net/statutes/repacts/ra2015/ra_10667_2015.html

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