Quiz 18 Questions Flashcards
Discussion:
RPC provisions relating to monopolies/anti-trust/competition:
Article 185. Machination
Article 186. Monopolies
NCC provision relating to monopolies/anti-trust/competition:
Article 28. Unfair Competition
Discussion:
G.R. No. L-45173
April 27, 1939
RED LINE TRANSPORTATION CO., INC., Plaintiff-Appellee, vs. BACHRACH MOTOR COMPANY, INC., and RURAL TRANSIT COMPANY, INC. Defendants-Appellant
This case outlined the four (4) criteria for non-compete clause to be viable:
1) Time
2) Place
3) Trade
4) Public Welfare
G.R. No. 210245
1) Did the ERC exercise its power to monitor cartelization when it approved the letter of MERALCO? Explain.
No. The ERC did not exercise its power to monitor cartelization.
It merely approved the letter without using its power. Although it has the power, in this instance, it did not perform its duty.
G.R. No. 210245
2) Was there an abuse of market power done by the power generating plants?
No.
G.R. Nos. 113079 and 114923
3) When is competition ruinous?
Ruinous competition occurs when a business would not have sufficient profit to have fair return of its investment.
G.R. Nos. 113079 and 114923
4) Would there be a ruinous competition if Caltex is allowed to construct a gasoline station?
No. There would be no ruinous competition.
MAO Case No. M-2023-001
5) What is the rebuttable presumption if the market share of an entity is at least 50%?
The rebuttable presumption if the market share of an entity is at least 50% is that it is dominant (presumption of dominance).
MAO Case No. M-2023-001
6) Is there competitive pricing and good quality service among banks? Explain.
Yes, there is.
The ease/convenience of transferring from one bank to another is a consideration for banks to impose competitive pricing and establish good quality service.
Notes:
