The Philippine Competition Commission (PCC) Mergers and Acquisitions Office (MAO), in coordination with the Public-Private Partnership Center of the Philippines (PPP Center), held focus group discussions (FGDs) on June 16-17 to collect feedback on the draft circular that will update the process for exempting PPP projects from compulsory notification.
This proposed update aligns the PCC’s notification guidelines with Republic Act No. 11966, or the PPP Code, and its implementing rules and regulations (IRR). The proposed circular will replace the old guidelines under PCC Memorandum Circular Nos. 19-001, 20-001, and 20-002. These guidelines were repealed pursuant to the repealing clause of the PPP Code and its IRR.
The draft circular introduces a framework that streamlines review procedures and establishes five grounds for exemption based on specific regional and economic development benchmarks. During the presentations led by the PCC MAO Notification Division, the structural enhancements over the previous regime were detailed, outlining evaluation timelines depending on the project framework.
Under the Philippine Competition Act, joint ventures for PPP projects require compulsory notification when they meet the statutory thresholds, currently set at P9.1 billion for size of party and P3.8 billion for size of transaction. The updated process seeks to facilitate the delivery of priority infrastructure projects while preserving market competition.
The first day of the FGD engaged implementing agencies, key regulatory bodies, and investment promotion agencies active across public infrastructure sectors. The second day then involved private partner stakeholders, infrastructure developers, utility operators, and law firms active in mergers and acquisitions practice.
Stakeholders highlighted a shared commitment to minimizing procedural delays while maintaining strong regulatory oversight. Implementing agencies focused on the need to clarify coverage thresholds, align evaluation windows with the strict timelines of the PPP Code, prevent duplicate document submissions, and expand exemption grounds to other sectors, such as health, education, and low-cost housing. Private sector partners advocated for the refinement of specific qualifiers, such as what constitutes a “new economic activity” eligible for exemption. One of their proposed grounds considers an exemption for projects that support an initial investment for new economic activity in disadvantaged areas, thereby introducing new market capacity with minimal risk of market distortion.
Private stakeholders also suggested adding exemption grounds for socialized housing, health, and defense. They also requested a documentation list based on the specific ground applied for and strongly recommended exploring the issuance of a joint circular between PCC and PPP Center to ensure alignment with PPP processes.
During the two-day engagement, MAO Director Lianne Ivy Medina emphasized that the technical, legal, and operational recommendations gathered from the FGD sessions are vital inputs that will have to be considered as the draft circular is finalized.
By updating these guidelines in close collaboration with the PPP Center and stakeholders, the Commission exercises its regulatory oversight to proactively ensure a competitive environment, while supporting the timely and transparent rollout of national infrastructure priorities.
