The private sector is pushing for clearer merger exemption rules for public-private partnership (PPP) projects, arguing that greater regulatory certainty would accelerate infrastructure investments without compromising market competition.
During focus group discussions on June 16-17, the Philippine Competition Commission’s (PCC) Mergers and Acquisitions Office, together with the Public-Private Partnership Center, gathered feedback from government agencies, infrastructure developers, utility operators, investors and legal experts on a draft circular implementing the Public-Private Partnership Code.
The proposed rules would replace existing merger notification guidelines by establishing a clearer framework for determining which PPP transactions qualify for exemption from compulsory notification under the Philippine Competition Act. Joint ventures above the current thresholds of P9.1 billion for the size of party and P3.8 billion for the size of transaction would still require notification unless they qualify for an exemption.
Industry stakeholders called for sharper definitions, particularly on what constitutes a “new economic activity” eligible for exemption, saying ambiguity could delay investment decisions. They also urged the PCC to broaden exemption coverage to include projects in socialized housing, healthcare, education and defense, arguing these sectors deliver significant public benefits while posing limited competition risks.
Developers likewise proposed a more tailored documentary checklist based on the specific exemption sought and recommended a joint circular by the PCC and PPP Center to better align competition review with the government’s existing PPP approval process.
PCC Mergers and Acquisitions Office Director Lianne Ivy Medina said the legal, technical and operational inputs gathered during the consultations will help shape the final rules, with the goal of cutting regulatory red tape while preserving competition and speeding up the rollout of priority infrastructure projects.
