Philippine Competition Commission(PCCom)

4 July 2020 Mr. Ishmael Sam Canua Blk 11 Unit 14 18-C Rowhouse Pilot Area, Commonwealth, Quezon City Dear Mr. Canua, This has reference to your request dated 15 June 2020, denominated as a Freedom of Information (“FOI”) Request under Executive Order (E.O.) No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your request In your request, you asked several questions relevant to the awarding of the Sangley Point International Airport Project (SPIA Project) to the consortium of MacroAsia Corp. (MacroAsia) and China Communications Construction Company Ltd. (CCCC), for research purposes. Response to your request 1. Did the Provincial Government of Cavite (Cavite Government), MacroAsia, and CCCC already notify the PCC regarding the Joint Venture (JV) contract? Your request for information is APPROVED. The parties to the purported transaction have not submitted a notification to the PCC. The JV between MacroAsia and CCCC will be subject to compulsory notification if it breaches the prescribed threshold. For more information regarding the matter, you may visit https://phcc.gov.ph/implementing-rules-regulations-philippine-competition-act/ for the IRR of the PCA, and https://phcc.gov.ph/commreso-022020-thresholds-adj-mar2020/ for Commission Resolution 02-2020 adjusting the merger notification thresholds. 2. What are the actions of PCC regarding to the 1st phase of the SPIA project? Your request for information is APPROVED. The PCC has been actively monitoring the transaction to determine whether or not there will be a need to subject it to merger review. 3. What are the actions of PCC in order to maintain the competition in other phases of SPIA project? Your request is APPROVED. Pursuant to the powers and functions of the PCC as stated under Section 12 of the Philippine Competition Act, PCC continues to monitor and analyze the practice of competition in markets that affect the Philippine economy, implement and oversee measures to promote transparency and accountability, and ensure that prohibitions and requirements of competition laws are adhered to. It also actively advocates to establish pro-competitive policies of the government by: (1) reviewing economic and administrative regulations, motu proprio or upon request, as to whether or not they adversely affect relevant market competition, and advising the concerned agencies against such regulations; and (2) advising the Executive Branch on the competitive implications of government actions, policies and programs. 4. Will the PCC participate in the airport project in order to maintain the competition in the bidding or swiss challenge process? Your request for information is DENIED. The query propounded does not fall under the purview of a request for “Access to Information” under Executive Order No. 2, s. 2016 or the Freedom of Information policy, but instead requires a response that would confirm whether or not there may be a substantial lessening of competition in a relevant market. This would require legal and economic analysis and a determination of law by the Commission. 5. Is the bidding procedure of Provincial Government of Cavite in Sangley Point International Airport project compliant with the competition law? Your request for information is DENIED. The query propounded does not fall under the purview of a request for “Access to Information” under Executive Order No. 2, s. 2016 or the Freedom of Information policy, but instead requires legal and economic analysis and a determination of law by the Commission. For further assistance you may review the FAQ section of the eFOI site: https://www.foi.gov.ph/help. Thank you. Respectfully, Faye Condez-de Sagon FOI Decision Maker