Gios-Samar Inc.

, Represented by Its Chairperson

Gerardo M. Malinao v DOTC and CAAP

FACTS:
• December 15, 2004 — DOTC and CAAP posted Invitation
to Pre-Qualify and Bid Invitation on airport development,
operations and maintenance

• March 10, 2015 — DOTC and CAAP issued Instructions

to Prospective Buyers which requires bidders to pre-
qualify and bid for the two bundled projects

• March 27, 2015 — Gios-Samar filed a petition for

prohibition alleging the constitutionality of the bundling of
the projects
 Gios-Samar Inc., Represented by Its Chairperson
Gerardo M. Malinao v DOTC and CAAP

ISSUE:
• Whether or not the bundling of the projects is
constitutional

1. constitutional prohibition on monopolies

2. combination of restraint of trade

 Gios-Samar Inc., Represented by Its Chairperson
Gerardo M. Malinao v DOTC and CAAP

RULING:
• Grant of concession agreement to an entity, as a winning
bidder for the bundled projects does not by itself create a
monopoly violative of the Constitution

• Art 186 of RPC - Monopolies and combinations in

restraint of trade (Repealed by RA 10667 or the
Philippine Competition Act)

• “All forms of anti-competitive agreements, abuse of

dominant position, and anti-competitive mergers and
acquisitions.
 Gios-Samar Inc., Represented by Its Chairperson
Gerardo M. Malinao v DOTC and CAAP

RULING:
• RA 10667 prohibits abuse of “dominant position” in a
“relevant market”

• RA 10667 does not define what “a combination of

restraint of trade” is, what it penalizes is anti-competitive
agreements

• Petitioner failed to point any provision of law which

specifically prohibits the bundling of bids

WHEREFORE, premises considered, the petition is DISMISSED.