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Question
Under Secs. 25 and 27 of 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 AgroNova Markets Corp. has control or dominance; (c) if dominance is established, outline the plausible remedies the PCC could impose.
AgroNova Markets Corp. operates a nationwide B2B e-commerce platform for agricultural inputs (seeds, fertilizers, pesticides, and irrigation). It accounts for 44% of nationwide online procurement transactions. It has exclusive distribution/sourcing agreements with the three largest farmer cooperatives, binding them to source exclusively from AgroNova for five years. It directly or indirectly controls 60% of the core software platform used by most farmers for procurement and price comparison. It owns 66% of the sole supplier of a critical seed variety used in major crops. A new entrant, SeedNova, cannot obtain these essential components on reasonable terms.