Flashcards Studio

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 PharmaHub PH has control or dominance; (c) if dominance is established, outline the plausible remedies the PCC could impose. PharmaHub PH operates a nationwide digital platform that connects hospitals, clinics, and pharmaceutical suppliers for procurement of medicines and medical devices. It accounts for 46% of nationwide online procurement transactions in this category. It has exclusive procurement agreements with the three largest hospital groups, binding them to source exclusively from PharmaHub for five years. It directly or indirectly controls 60% of the core procurement algorithm used by most buyers for search and price comparison. It owns 72% of the sole supplier of a critical API used in major medicines. A new entrant, MediNova, cannot obtain these essential components on reasonable terms.