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Philippine Bar review · Question

Practice question: Determining Control and Market Dominance

Multiple Choice Hard

Practice question

A producer gains 52% of a properly defined market by supplying superior products. No different PCC sector threshold applies. A rival alleges only that the producer has become large; the facts establish no substantial prevention, restriction or lessening of competition through its means of gaining share. Which analysis follows?
  1. The producer is automatically liable because 50% is an offense threshold.
  2. A rebuttable dominance presumption arises, but legitimate growth is not itself a violation.
  3. Superior products make the producer permanently immune from the Act.
  4. The producer must surrender all intellectual property rights.
  5. The relevant market no longer matters after the firm exceeds 50%.

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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