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Philippine Bar review · Question

Practice question: Determining Control and Market Dominance

Multiple Choice Hard

Practice question

P owns 60% of S's voting power through subsidiaries. In a PCC inquiry P presents documents claiming exceptional circumstances clearly demonstrate that this ownership does not confer control. A complainant insists that Section 25 makes majority voting ownership conclusive. Which response is correct?
  1. Control is presumed, but the statute permits the specified exceptional rebuttal.
  2. No presumption arises because indirect ownership never counts.
  3. The complainant is correct because rebuttal is prohibited.
  4. P necessarily lacks control because it has submitted documents.
  5. Control can arise only after a criminal conviction.

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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