A decision in the long-running case between DFS and the airport over the master concession contract may be one final step away from resolution.

A Superior Court decision in Phase-1 of the trial, handed down on Wednesday, validates the timing of the retail giant's protests against GIAA.

The case dates back to 2013, when the airport awarded Lotte Duty Free a 10-year, $154-million master concession contract.

That triggered a series of protests from the previous and long time contract holder, Duty Free shoppers.

It alleged various errors and improprieties with the contract award.

The litigation has gone on for years, and the Supreme Court last year remanded the case back to the Superior Court for a two phase bench trial to settle the matter.

In a 43-page decision on Wednesday, Superior Court Judge Arthur Barcinas ruled that the DFS protests were timely, and because of that the trial could proceed to phase two which will determine the actual merits of the protests.

A date has not yet been set.

The 10-year deal was actually supposed to expire last year, but for now Lotte remains the master concessionaire.

The airport board approved a three year extension last July after the legislature passed a law specifically allowing it.

Lotte officials had testified that they needed the extension to recoup losses brought on by the global tourism shutdown during the COVID pandemic.

Late today the Airport issued a statement, saying its disappointed in the Superior Court’s Phase 1 decision and believes it is contrary to the evidence presented and law. GIAA maintains that it properly denied all three of DFS's protests filed over a decade ago and that the Lotte Concession Contract, as extended, is lawful.

This case began almost 12 years ago under a different administration and has been up to the Supreme Court and back to the Superior Court a couple of times. Current management and the Board have determined that the Concession Agreement with Lotte is the most beneficial concession contract that the Airport has ever had and has been integral in supporting the Airport’s difficult financial situation triggered by the pandemic and worsened by Typhoon Mawar. GIAA will continue to vigorously defend this Agreement.

This lawsuit has been an obstacle and burden on the Airport’s ability to help in our island’s economic recovery. We look forward to the end of this almost 12-year litigation with a next trial and any potential appeal.