Flashcards Studio

SwiftRide, a ride-hailing platform, is identified as having a dominant position in the Metro City on-demand transport market, with approximately 62% share. It enforces two practices: (i) all partner drivers must use SwiftRide's in-app payment wallet for fare collection and must obtain all required point‑of‑sale devices from SwiftRide's approved supplier, effectively tying the payment service and hardware to the platform; (ii) it applies a tiered commission structure where newly joined drivers or small fleets are charged substantially higher platform commissions for comparable ride volumes than long-standing top performers. A new entrant, RapidFleet, seeks to operate but cannot compete effectively under these terms. Advise whether SwiftRide’s conduct constitutes abuse of dominant position under Sec. 15 of RA 10667 (Philippine Competition Act). Your answer should address (a) whether SwiftRide 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.