TY  - BOOK
AU  - Mendoza, Ella Mae Celeste.
TI  - Dissecting competitor collaborations : : establishing a framework for the legal analysis of horizontal agreements in antitrust cases /  
PY  - 2016///
CY  - Cebu City
PB  - University of Cebu
N1  - Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016; Includes bibliographical references (leaves 121-131); Contents: Chapter I: The problem and its scope -- Chapter II: Review of related literature -- Chapter III: Results and discussion --Chapter IV: Summary of findings, conclusion, and recommendation -- Research output -- Bibliography
N2  - Summary : The enactment of the Philippine Competition Act is a big breakthrough in providing for a national competition policy that imposes prohibitions against business practices that restricts or lessens competition in the market. Recognizing that horizontal agreements could bring either or both positive and negative effects, a problem now arises on how the enforcement agencies should analyze horizontal agreements given the absence of existing legal standard expressly written in the law.

The study explores the applicability of each of the current legal standards used in analyzing antitrust agreements using the qualitative method of research and content analysis. The proponent then aims to come up with an analytical framework that will use the best out of both types of legal standards while minimizing their weaknesses, in relation to the provisions of the Philippine Competition Act.

The per se standard and rule of reason standard each have their own advantages and disadvantages. As a way compromise, the two should not be seen in a dichotomous light, but instead, be treated as standards of analysis within a single continuum. The continuum model, as an overarching analytical guide allows for the use of the quick look rule of reason and different levels of inquiry depending on the nature of the agreement. The per se standard should be applied for agreements under Section 14 (a); the structured rule of reason standard for agreements under Section 14 (b); and both the structured and full-blown rule of reason standard for agreements under Section 14 (c), depending on whether the agreement can qualify as "inherently suspect" or not
ER  -