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?
- The producer is automatically liable because 50% is an offense threshold.
- A rebuttable dominance presumption arises, but legitimate growth is not itself a violation.
- Superior products make the producer permanently immune from the Act.
- The producer must surrender all intellectual property rights.
- 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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