Lotte files motion to dismiss DFS legal challenge in Guam

Andrew Pentol

18-Jun-2013

The retailer has filed a motion in the Superior Court to dismiss a DFS lawsuit against the awarding of the Guam airport duty-free contract

Guam International airportKorean travel retailer Lotte Duty Free has filed a motion in the Superior Court to dismiss a lawsuit tabled by DFS Group relating to the awarding of the duty-free contract at Guam Antonio B Won Pat International airport.

According to local media source Kuam News, the motion argues that DFS failed to follow court rules relating to procurement challenges and that it was not the second highest bidder as previously revealed by Guam International Airport Authority (GIAA). This was determined following an investigation conducted in the aftermath of DFS’ protest against GIAA’s decision to name Lotte Duty Free as preferred bidder in April amid concerns over the regularity and transparency of the tender process.

Following the decision to award Lotte Duty Free the contract, DFS appealed to the Superior Court and Guam Office of Accountability, as previously reported on DFNIonline.com. But its latest protests were dismissed by GIAA. Fellow bidder JR Duty Free also issued its own protest against the tender, which was also contested by Shilla Duty Free.

Lotte also argues that DFS’ decision to file an appeal to the Superior Court less than two after its appeal to the Office of Public Accountability removed the Office of Public Accountability’s jurisdiction over the protest.

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(4-Jun-2014) - Korean travel retailer Lotte Duty Free and Guam International Airport Authority believed DFS' argument for jurisdiction was allegedly frivolous
(20-Oct-2013) - A Guam Superior Court judge has denied a complaint filed by travel retailer Lotte Duty Free Guam and the Guam International Airport Authority (GIAA) against DFS Group
(2-Jul-2013) - The Korean retailer is urging the Guam International Airport Authority to investigate a number of acts which allegedly took place during the duty-free tender process
(16-Jul-2013) - The transition of the concession from DFS Group to Lotte is due for completion by July 21
(30-Mar-2014) - The Supreme Court hearing has been postponed as one of the judges has been taken ill