Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Study Settings View Stats

Topic

Question Type

Essay Multiple Choice

Question Source

All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

Under Secs. 25 and 27 RA 10667 (Philippine Competition Act): (a) identify the controlling doctrine and the key indicators you would examine to determine control or dominance in the relevant market; (b) apply to the following facts and determine whether NexaCommerce Ltd. has control or dominance; (c) if dominance is established, outline the plausible remedies the PCC could impose. NexaCommerce Ltd. operates a nationwide B2B online marketplace for industrial parts in the Philippines. It accounts for 47% of nationwide online procurement transactions in this category. It has exclusive supply agreements with the two largest distributors binding them to source exclusively from NexaCommerce for four years. It directly or indirectly controls 60% of the core software platform used by most buyers for procurement and price discovery. It owns 65% of the sole supplier of CircuitBoard A, a critical component used in major equipment. A new entrant, AltPath, cannot obtain these essential components on reasonable terms.

Choose the Best Answer

NexaCommerce has control or dominance in the relevant market. The controlling doctrine is market power evidenced by (i) 47% nationwide share in online industrial-parts procurement, (ii) exclusive supply agreements with the two largest distributors for four years, (iii) direct/indirect control of 60% of the core procurement software used by buyers, and (iv) 65% ownership of the sole supplier of CircuitBoard A. Entry barriers exist for AltPath. The PCC could impose structural divestiture of either the platform or the input supplier, and behavioral measures such as open API access and non-discriminatory terms for essential inputs. Dominance exists owing to a combination of all indicators; the remedy could include both structural divestiture and behavioral measures such as API openness and data-sharing obligations. Dominance is not established because a 47% share, while substantial, does not by itself foreclose competition; exclusive distributor arrangements and input-control can be mitigated; AltPath could source from other suppliers. No remedies should be imposed. Dominance exists because NexaCommerce owns 65% of the sole CircuitBoard A supplier; the remedy would be to unwind this input-control relationship and create separate ownership.

Load another random question

Your Progress

No data Retention

Tracked Cards: 0
Accuracy: No data
Retained: 0

View Detailed Analytics

Difficulty Breakdown

Answer flashcards to build a real score-based difficulty breakdown.

Current Streak 0 Days

Start a streak with this card.

Suggested Decks

View All

Leech Cards

Review

No recent weak flashcards in your saved workbook.

More

Flashcards Studio

Question

Choose the Best Answer

Hello