THE Philippine Competition Commission (PCC) and the Department of Public Works and Highways (DPWH) have signed an agreement to ‘safeguard’ competition in public infrastructure.
Signed on October 23, PCC noted the Memorandum of Agreement (MOA) ‘formalizes’ cooperation between the PCC and DPWH in detecting and addressing anti-competitive behavior in public works projects, including bid-rigging and abuse of dominance.
‘The agreement establishes mechanisms for case referrals, joint investigations, policy coordination, and capacity-building programs,’ the country’s competition watchdog said.
The PCC said entities found to have engaged in anti-competitive agreements such as bid-rigging may face administrative fines under the Philippine Competition Act (PCA).
For the first offense, a fine of up to P110 million may be imposed. For the second offense, the fine ranges from P110 million to P275 million. For the third and succeeding offenses, the fine increases to a range of P165 million to P275 million.
Under the agreement, both agencies commit to ‘timely notification of relevant concerns, proactive monitoring of market conduct, and collaborative review of DPWH policies to ensure alignment with the PCA, the National Competition Policy, and other applicable laws.’
PCC said the MOA also enables the formation of joint task forces and logistical support for investigations, including access to procurement data and field coordination.
PCC Chairperson Michael Aguinaldo explained that the agreement between PCC and DPWH represents a ‘shared commitment’ to make the country’s public infrastructure not only strong and resilient but also fair, transparent, and competitive.
‘This MOA is about more than policy coordination. It is about nation-building through fair competition. It is about ensuring that our roads and bridges are built not just with concrete and steel, but with integrity and trust,’ added the PCC chief.
In addition, the country’s competition watchdog noted the MOA outlines protocols for information sharing, including access to bid documents, procurement reports, and market assessments, subject to confidentiality and data privacy safeguards.
‘It provides for joint capacity-building activities such as trainings, roadshows, and the development of educational materials for procurement officers and contractors,’ added PCC.
The MOA was signed by PCC Chairperson Michael Aguinaldo and Public Works Secretary Vivencio Dizon.