Philippine Competition Commission

Officer 10:07 AM, Jul 20, 2020

July 20, 2020

Dear Ishmael Sam,

Thank you for your request dated Jul 19, 2020 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for GMR Infrastructure Ltd. and Groupe ADP partnership in Airport Business.

We received your request on Jul 19, 2020 and will respond on or before Aug 07, 2020 11:36:48 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHwsSB0NvbnRlbnQiElBDQ29tLTM0MjY5MDYzOTgzOAw, for request with ticket number #PCCom-342690639838.

Thank you.

Respectfully,

FOI Receiving Officer
FOI Officer

Decision Maker 03:32 PM, Aug 07, 2020

7 August 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 19 July 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 for specific questions, herein reproduced as written in your email, regarding the agreement between Groupe ADP and GMR Airports, under the purposes of: research, analyses, inquiries.

Response to your request
1. Should there be a notification in the acquisition process even it was happened outside in the
Philippines?

Your request for information is APPROVED.

Republic Act 10667 or the Philippines Competition Act (PCA) is applicable to any entity engaged in trade, industry or commerce in the Republic of the Philippines or in international trade, industry or commerce having direct, substantial and reasonably foreseeable effects in the Philippines, including those that result from acts done outside the territory of the Philippines. (Section 2(a), Rule 1 of the IRR.)

As such, notification is compulsory if the agreement meets the threshold requirement provided for in Section 3, Rule 4 of the IRR as amended by PCC Memorandum Circular 18-001 dated 01 March 2018 and Commission Resolution 02-2020 dated 11 February 2020.

2. Should the GMR-Megawide included in the notification for the acquisition process of 49% stake of Groupe ADP in GMR Airports?

Your request for information is APPROVED.

In the assessment of mergers and acquisitions, the Commission requires the notifying entities to disclose the entities that they directly or indirectly control pursuant to Section 25 of the PCA.

3. Since the effectivity of the guidelines in both Solicited and Unsolicited proposals last week, it will applicable to the OPS of the group in NAIA rehabilitation project.

Is MIAA / DOTr already submitted the requirements to seek exemption from compulsory in behalf of GMR- Megawide (Original Proponent)?

Your request for information is APPROVED. 

To date, we have not received any application for exemption under PCC Memorandum Circular No. 20-002.

Is there a deadline for the submission after it was given the OPS to the proponent?

Your request for information is APPROVED.

Under PCC Memorandum Circular No. 20-002, an application for a certificate of Project Exemption is only necessary when a Government Agency, on behalf of the prospective bidders or proponents, seeks to have the transaction exempt from the regular merger review process of PCC.

An application for a project exemption may be filed any time before a Certificate of successful negotiation or Conferment of original proponent status (for the new original proponent) is issued. A government agency can no longer file an application for exemption once the certificate or conferment is issued.

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

Attachments:
 FOI Reply (FOI 2020-07-20-001).pdf