Acts constitutive of abuse of dominant position

Dominant position: (g) Dominant position refers to a position of economic strength that an entity or
entities hold which
makes it capable of controlling the relevant market independently from any or a combination of the
following: competitors, customers, suppliers, or consumers

Example: if A is the only store that sells mobile phones in Cebu City, A is considered to be in dominant
position

Criteria to consider one as being in dominant position (Section 27)

(a) The share of the entity in the relevant market and whether it is able to fix prices unilaterally or to
restrict supply in the relevant market;(b) The existence of barriers to entry and the elements which
could foreseeably alter both said barriers and the supply from competitors;
(c) The existence and power of its competitors;
(d) The possibility of access by its competitors or other entities to its sources of inputs;
(e) The power of its customers to switch to other goods or services;
(f) Its recent conducts; and
(g) Other criteria established by the regulations of the Act

PROHIBITED ACTS: ACTS THAT PREVENT OR LESSEN COMPETITION

MANNER OF PREVENTING THE COMMISSION OF PROHIBITED ACTS

PCC shall review all forms of mergers (Section 16)

Section 16. Review of Mergers and Acquisitions. — The Commission shall have the power to review
mergers and acquisitions based on factors deemed relevant by the Commission.

Merger, defined.
(j) Merger refers to the joining of two (2) or more entities into an existing entity or to form a new
entity;