Competition
and
EU Law
David Zahra & Associates Advocates recognises that Competition law issues are becoming increasingly complex and critical to the success of business. We are well placed to offer a one-stop shop for comprehensive and strategic advice on a broad-range of competition law matters including merger control, licensing and distribution, intellectual property, restrictive practices, abuse of dominance and cartel investigations. Our practice also handles public procurement and EU State aid.
Competition Law
Competition law in Malta is essentially regulated by the Competition Act (Chapter 379 of the Laws of Malta) enacted by virtue of Act XXXI of 1994. The last major amendments to the Competition Act were effected by virtue of the Malta Competition and Consumer Affairs Authority Act (MCCAA Act), which came into force on the 23rd May, 2011.
The two key provisions of the Competition Act are Article 5 of the Competition Act, which prohibits any agreement between undertakings, any decision by an association of undertakings and any concerted practice between undertakings which has the object or effect of restricting competition in Malta or any part of Malta and Article 9, which prohibits the abuse by one or more undertakings of a dominant position within Malta or any part of Malta.
Whilst the substantive provisions were from the start modelled on Community competition rules, namely Articles 101 and Articles 102 on the Treaty of the Functioning of the European Union, the procedural rules have been closely aligned to Regulation 1/2003 and the Implementing Regulation since the MCCAA Act.
In addition to the Competition Act, a number of Regulations have been issued in the form of Legal Notices, which implement the EU Regulations on competition into Maltese law, including the Control of Concentrations Regulations and the various block exemptions.
The body responsible for the application of competition law in Malta is the Office for Competition, which is headed by the Director General (Office for Competition). Decisions of the Office for Competition may be appealed on points of law and fact to the Competition and Consumer Appeals Tribunal, which is composed of the president who is a judge, and two other members from a panel of six ordinary members selected by the president. Whilst in a few instances such as in the case of a decision of the Competition and Consumer Appeals Tribunal concerning an appeal from a decision of the Director General ordering interim measures, any decision of the Competition and Consumer Appeals Tribunal shall be final, generally any party to an appeal before the Competition and Consumer Appeals Tribunal, including the Director General, who feels aggrieved by a decision of the Competition and Consumer Appeals Tribunal may appeal on a question of law to the Court of Appeal.
David Zahra & Associates Advocates recognises that Competition law issues are becoming increasingly complex and critical to the success of business. We are well placed to offer a one-stop shop for comprehensive and strategic advice on a broad-range of competition law matters including merger control, licensing and distribution, intellectual property, restrictive practices, abuse of dominance and cartel investigations. Our practice also handles public procurement and EU State aid.
Competition Law
Competition law in Malta is essentially regulated by the Competition Act (Chapter 379 of the Laws of Malta) enacted by virtue of Act XXXI of 1994. The last major amendments to the Competition Act were effected by virtue of the Malta Competition and Consumer Affairs Authority Act (MCCAA Act), which came into force on the 23rd May, 2011.
The two key provisions of the Competition Act are Article 5 of the Competition Act, which prohibits any agreement between undertakings, any decision by an association of undertakings and any concerted practice between undertakings which has the object or effect of restricting competition in Malta or any part of Malta and Article 9, which prohibits the abuse by one or more undertakings of a dominant position within Malta or any part of Malta.
Whilst the substantive provisions were from the start modelled on Community competition rules, namely Articles 101 and Articles 102 on the Treaty of the Functioning of the European Union, the procedural rules have been closely aligned to Regulation 1/2003 and the Implementing Regulation since the MCCAA Act.
In addition to the Competition Act, a number of Regulations have been issued in the form of Legal Notices, which implement the EU Regulations on competition into Maltese law, including the Control of Concentrations Regulations and the various block exemptions.
The body responsible for the application of competition law in Malta is the Office for Competition, which is headed by the Director General (Office for Competition). Decisions of the Office for Competition may be appealed on points of law and fact to the Competition and Consumer Appeals Tribunal, which is composed of the president who is a judge, and two other members from a panel of six ordinary members selected by the president. Whilst in a few instances such as in the case of a decision of the Competition and Consumer Appeals Tribunal concerning an appeal from a decision of the Director General ordering interim measures, any decision of the Competition and Consumer Appeals Tribunal shall be final, generally any party to an appeal before the Competition and Consumer Appeals Tribunal, including the Director General, who feels aggrieved by a decision of the Competition and Consumer Appeals Tribunal may appeal on a question of law to the Court of Appeal.
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© 2022 – DAVID ZAHRA & ASSOCIATES ADVOCATES
Designed and developed by Blonde and Giant
© 2022 – DAVID ZAHRA & ASSOCIATES ADVOCATES
Designed and developed by Blonde and Giant