BACKGROUND OF THE CASE
Playing with toys is important when it comes to growing up and learning about the
world around us. Younger children use toys to discover their identity, help their bodies
grow strong, learn cause and effect, explore relationships, and practice skills they will
need as adults. Adults on occasion use toys to form and strengthen social bonds, teach,
help in therapy, and to remember and reinforce lessons from their youth.
In the Philippines, there is a growing market for the toy retailing in the 1990s. Toy
Retailers Limited (TRL) is one of the key players in the imported toy retailing industry.
In 1997, TRL entered into an exclusive concession operation agreement with the state
owned duty free shop, Duty Free Philippines (DFP). In this agreement, TRL became the
exclusive supplier of DFP for Toys, Infants Line & Juvenile Furniture and took over the
retail operations of the Toys, Infants Line & Juvenile Furniture department of the new
DFP Fiesta Mall.
The Company
TRL was incorporated in June 1997 for the purpose of operating the Toys, Infants
Line and Juvenile furniture concession at DFP. In this arrangement, TRL is the exclusive
supplier of these merchandise and has been allowed tax free import privileges provided
that all the goods imported tax free are sold only at DFP stores. Otherwise, the products
will be subject to taxes.
TRL provides manpower, fixtures and everything necessary to operate the store.
As part of the concession agreement, TRL pays DFP 30% of its gross sales. It is the first
time that the directors of TRL will directly handle such duty free line of business and
second time that such concession arrangement was awarded.
DFP was organized as part of the government’s goal to establish and operate a
tax and duty-free merchandising system in the country. After several years, DFP was
successful in serving its purpose and in catering its target market. DFP is part of the
Department of Tourism’s major programs. It provides over 60% of the government’s