The Philippine Competition Commission (PCC) is proposing a new framework that would exempt more public-private partnership (PPP) projects from compulsory merger notification to speed up regulatory approvals for infrastructure investments under the PPP Code.

Citing a draft circular now undergoing stakeholder consultations, the PCC said Tuesday it would introduce a framework that "streamlines review procedures and establishes five grounds for exemption based on specific regional and economic development benchmarks."

The proposed rules will replace PCC Memorandum Circular Nos. 19-001, 20-001, and 20-002, which were repealed following the enactment of Republic Act No. 11966, or the PPP Code, and its implementing rules and regulations.

Under the Philippine Competition Act, joint ventures involving PPP projects are subject to compulsory notification if they meet the statutory thresholds, currently set at P9.1 billion for the size of the parties and P3.8 billion for the size of the transaction.

The PCC said the updated process seeks to "facilitate the delivery of priority infrastructure projects while preserving market competition."

To refine the proposed rules, the PCC's Mergers and Acquisitions Office, together with the Public-Private Partnership Center of the Philippines, conducted focus group discussions on 16 and 17 June with government agencies, infrastructure developers, utility operators, law firms, and other stakeholders.

Government participants called for clearer coverage thresholds, evaluation periods aligned with the PPP Code, measures to prevent duplicate document submissions, and broader exemption grounds that cover sectors such as health, education, and low-cost housing.

Private sector representatives, meanwhile, pushed for clearer guidance on what constitutes a "new economic activity" that may qualify for exemption, particularly for projects involving initial investments in disadvantaged areas that create new market capacity with minimal risk of market distortion.

They also proposed adding exemption grounds for socialized housing, health, and defense projects, introducing documentation requirements tailored to each exemption ground, and exploring a joint circular between the PCC and the PPP Center to align competition review with PPP approval processes.

The PCC said the feedback gathered during the consultations will be considered as it finalizes the draft circular.