Flashcards Studio

HeliosMarket, a dominant online marketplace for groceries and home essentials operating in Metro Manila and nearby provinces, commands approximately 58% of online grocery sales in its market. It imposes two practices: (i) any seller wishing to list on HeliosMarket must contract with HeliosPay, the platform’s own payment gateway, and must route fulfillment through HeliosCourier, the platform’s exclusive courier network, such that listing is conditioned on accepting both services; (ii) it applies a two-tier pricing regime where new or small sellers pay substantially higher monthly listing fees and transaction commissions for the same exposure as long‑standing, larger sellers. A new entrant, QuickBasket, seeks to enter but cannot compete under these terms. Advise whether HeliosMarket’s conduct constitutes abuse of dominant position under Sec. 15 RA 10667. In your answer, address (a) whether HeliosMarket has a dominant position in the relevant market and state the controlling test; (b) whether the two practices amount to abuse of dominant position under Sec. 15, applying the facts; (c) if the regulator seeks to remedy the conduct, outline a plausible course of action and factors to consider.